The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-19
LEGAL POINTS FOR
AUTOMOBILE OWNER
Importance of Insurance EN-
! phasized by Recital of Re-
cent Damage Decisions.
ny OUR LEGAL CORRESPONDENT

ny OtR LEGAL CORRESPONDENT
Most automobile owners appreciate the
Importance of having their cars insured,
but recent decisions point to not a few
cases which show that the matter is
not attended to with that efficiency
which is the price of security The point
emphasized by a consideration of these
decisions is that insurance should al
ways be taken out before the car is
received from the dealer, and should be
kept in continuous operation until after
the actual disposition and final dlsposi-
tion OF the car.
In very recent case in New York a
car was delivered to a storage company
for dead" storage. The insurance on the
car expired while IL was thus stored. and
as matter of economy the owner de-
cided not to renew until he took pos
session of the car again.
The car was stored on an upper floor.
and few days prior TO the time for
delivery to the owner was brought down
on the elevator for inspection and re-
pair. The elevator fell, causing serious
damage to the car.
In a suit by the owner against the
storage company for the damage. the
court found that the storage company
had used reasonable care in the inspec-
decided that the company was not liable
TO the owner of the car. As the latter
had no insurance, the loss was entirely
his
similar result follows where a fire
In a storage building destroys a car
stored therein. In the absence of a
special agreement to pay the loss in
such event. the storage concern is not
liable for the loss of the car.
In short NAV ha n
proposition that where car is delivered
for storage the owner assumes all risk
OF loss or damage except such as is due
TO the negligence or dishonesty of the
storage concern or its employees. Only
by taking an explicit agreement from the
storer. requiring the return of the car in
the same condition as when received, or
by covering the various risks by insur-
aIce, can security be assured.
Another phase of the situation is pre-
sented by very recent Michigan case.
In this case 1t appears that the purcha ser
of a new car borrowed a license tag and
also chauffeur from the dealer to en-
able him to go In the car to buy his
license and place his insurance. The car
was to be delivered to the purchasers
house after these matters were attended
TO. the sale having been just then COM
,pleted, While the chauffeur was driving
toward the automobile commissioner
office he negligenty damaged another
vehicle and also battered up the car he
was driving. In a suit by the owner of
the other car the court decided that the
purchaser of the first car and not the
dealer was responsible under the law for
the chauffeur's negligence The conse-
.uuence was that, no insurance being in
force at the time. the owner suffered a
double loss before he had taken actual
delivery of his car.
Among the current decisions dealing
with automobile accidents from various
standpoints the following are OF in
terest:
II a car Is left at a garage with a
general order for repairs. an assurance
of the repair man. made after he has
begun work on the car, that he will
guarantee the car for a year after the
repairs are made. is not binding. The
basis of this decision is that this war
ranty was not a part of the original
transaction relating to the repair job.
and is therefore not based upon any
consideration. It is a general rule of
law that an agreement is not binding
unless supported by some consideration
en- the part OF the person in whose
favor the promise is made
Where, ct the request of the owner. n
repairman goes for a car which has been
stalled, intending to take 1t to his shop,
the owner Is not legally responsible for
the negligence of the repairman, or an.
one employed by him, in driving or tow
ing the car. But the rule is otherwise
# the owner accompanies the car to the
garage, participating in the operation of
driving or towing 1t.
In South Carolina the Legislature ha,
passed law which not only imposes u
lien upon an automobile for all injuries
attributable to its operation but also
makes the lien superior to a chattel
mortgage on the car, executed before