Citation Numbers: 57 Misc. 479, 109 N.Y.S. 844
Judges: Kellogg
Filed Date: 1/15/1908
Status: Precedential
Modified Date: 1/13/2023
A chauffeur of the defendant, in driving the defendant’s car from Troy to Whitehall, broke down at Saratoga, and procured the plaintiff to make temporary repairs thereon. In leaving the shop he told employees of the plaintiff to come and get the car if he broke down again and to make 'all necessary repairs thereon to place it in first class condition. He did so break down. He then sent a message to the plaintiff to come and get the car and repair it as above mentioned. The plaintiff took the car to his shop. ■ Before repairing it he wrote the defendant several letters at his home address telling him what had been done and asking if he should carry out the instructions of the chauffeur. He received no reply whatever. He then proceeded to repair the car. These facts are abundantly established by the proof.
Evidently the chauffeur had no implied or apparent authority to order permanent repairs, or any repairs other than such as were necessary to enable him to proceed upon
It is otherwise as to his bill for storage. The chauffeur" had the right to place the broken down car in the plaintiff’s custody for safe keeping. The defendant was informed that he had done so. He did not interfere with the plaintiff’s, custody of the car, but left it with him for a long period of time! He certainly is liable for the keep of the car.
The plaintiff has placed the value of the car’s storage at $531.50, I think this sum, although undisputed, is excessive. The sum of $250 would amply repay the plaintiff.
Judgment is accordingly ordered in the plaintiff’s favor for $250, and costs.
Judgment for plaintiff.