The Washington times., 1917-09-29

ne ba1AN rue IN uAIl-
ages TO an automobile resulting from
collision is Just compensation for
actual loss.-GIlwee v. Pabst Brew
ing Company. 1o3 s. w. CMo.l, $50.
After having his automobile injur-
ed by collision. it was plaintiffs duty
to use reasonable diligence in an ef-
fort to protect property so as not to
aggravate the damage.-Gilwee v.
Pabst Brewing Company, 1913 $. W.
(Mo.), $50.
In an action by an automobile pas
senger for injuries due to automobile
colliding with street car, negligence
OF driver OF automobile cannot be i'm
puted to plaintiff.-Montague v. Mis-
souri, and Kansas. Interurban Railway
Company, 1893 s. w. MOI, 936.
The word restore" in Instruction
that plaintiff could recover expenses
ito preserve or restore" automobile
injured In collision meant ito bring
back to its former state" which would
be more than merely to preserve the
car.-Gilwee v. Pabst Brewing Com
pany, 1e3 S. W. (Mo.), sss.
Uncontradicted evidence that ac-
cused, after hiring an automobile and
offering to sell It, returned II to the
owner, and the owners testimony
that he authorized accused to sell it
for the sum at which he offered 1t.
does not sustain a conviction for
theft by q bailee.-Cox v. State, 1913
s. w. (Texas), 1854.
Il was the duty OF an automobile
driver, before attempting to cross the
track of a street railroad which was
obscured from the road by bushes
along q driveway through which he
was approaching, to look both ways
along the track for an approaching
car in the exercise of due care
Hambly v. Bay state Street Railway
Company. 100 A. (R. ~, 4s7.
Where q servant using the masters
automobile killed a pedestrian, the
fact that q superior servant saw the
servant drive away with the sutomo-
bile would not establish the masters
consent to the use OF the car so as to
render him liable in the absence OF
showing that the superior servant had
direction OF the automobile.-State v.
c. J. Benson 4 Co., 100 A. (Md.), ooS.
To hold the owner Of an automobile
liable for the negligence OF his chsuf-
feur, it is incumbent on plaintin to
show by direct or olrcumstantial evil
dence not only that the chauffeur was
the owners servant, but that he was
on the owners errand or engaged in
the owners business at the time of
the accident.-SolomoR VS.. Common
wealth Trust Company. OF Pittsburgh.
100 A. CPa.) 55l.
Where plaintiff driving an automo-
bile looked but one way along
track. and was struck by a car. but
rad he looked both ways he could not
have failed 10 see the car approach
ing, and IL would have been Appar-
ent that he did not have the right of
way and could not with safety drive
upon the track he was negligent as
4 matter OF law.-HRmbly VS.. Bay
State Street Ry. Co. 100 Or. II 4sI.
PLAINTIFF, injured when his automo-
bile was struck by a car. is not en-
titled to go to the Jury on the issue
OF the negligence of the railway on
the theory OF discovered peril, where
the instant that his automobile be-
came NlblDlc kIO0l lnG Ait pO"GI
was reversed. Nor could such theory
be submitted where the distance be-
tween the car and the automobile and
the speed OF the car precluded aver
sion of the sccident.-Hambly VS.. Bay
State Street Ry. Co., 100 A (R. l. 4s7.
In action for damages from auto
mobile collision. plaintiff could re-
cover difference in reasonable market
value OF his car Immediately before
and after accident and expenses Of
from further injury. such
as reassembling, towage, storage. loss
OF use for reasonable period until ii
could be repaired. or could recover
reasonable repair bill in restoring car,
amount of deterioration, cost OF pre-
serving car and loss OF use. but not
for both kinds OF damage.-Gilwee VS..
Pabst Brewing Co, 1913 s. W. CMo.)
SIS.
In an action against the owner OF
an automobile for damages for the
death OF plaintiffs son in a collision
between the wagon on which he was
riding and defendants automobile.
where it appeared that defendants
chauffeur took the car TO garage for
repairs and afterward in company with
an acquaintance left on a pleasure
frip i'm a direction AWAY from, the