51 S.E.2d 617 | Ga. Ct. App. | 1949
The evidence did not show a contract of bailment and the court did not err in directing the verdict for the defendant.
The uncontradicted evidence showed that the plaintiff was the owner of an automobile of the value alleged in his petition, that it was parked on the lot of the defendants under an arrangement with them whereby the plaintiff paid $4 per month for the privilege of parking on the lot, that he was not required to leave his keys in the car unless he left it in the middle of the lot or driveway, that the plaintiff did not have any particular space assigned to him, but could use any place that he could drive in, that when he did not have to park in the middle and leave his keys in the car, he drove into a space and parked; that on the date alleged he took his car out during the morning after having parked on the lot and brought it back around 12 o'clock, and parked it on the northwest corner of the lot, and that when he returned later in the day for the car it was gone. There was no attendant on the lot and nobody gave the plaintiff any claim check. The plaintiff customarily locked his car, practically all of the time, but on this particular occasion he did not take his keys out because he was just absent-minded and in a hurry. He knew that the defendants did not have an attendant on the lot.
While the evidence is somewhat vague on the matter, it appears that the defendants had another parking lot close by and across the street from and not connected with the lot in question, except that attendants from the other lot might be called at times to move cars parked in the middle or driveway of the lot in question so that cars which were blocked could be gotten out.
"A bailment is a delivery of goods or property for the execution of a special object, beneficial either to the bailor, or bailee or both; and upon a contract, express or implied, to carry out this object and dispose of the property in conformity with the purpose of the trust." Code, § 12-101. It has been held that "delivery under which the bailee acquires an independent and temporarily exclusive possession is essential to the contract of bailment." Atlantic Coast Line R. Co. v. Baker,
The plaintiff relies heavily on the case of Keene v.Lumbermen's Mutual Ins. Co.,
Judgment affirmed. Sutton, C. J., and Felton, J., concur.