86 Pa. Super. 106 | Pa. Super. Ct. | 1925
Argued March 12, 1925.
The defendant was a garage keeper and had the plaintiff's car in his charge. An employee of the defendant took the automobile from the garage and in driving it collided with a steel pillar of an elevated street railway and the car was ruined. The jury has settled the question that the plaintiff at no time had authorized any employee of the garage keeper to take out his car; in fact the testimony was to the effect that he had given explicit directions that no one should be *108
allowed to touch the car, not even to wash it. We have already stated in Hare v. Mulligan,
It is urged by the appellant that it was error to allow recovery for the difference in the value of the auto before and after the accident; that the injury to the property was not total destruction and that the cost of repair was the measure of damages. See Bauer v. Armour Co.,
The only other matter for our attention is the exclusion of the testimony showing what the corporation who bought the old car received for it on a resale. We can see no relevancy as to that. What the plaintiff received upon a resale might be evidence against him, but what his vendee received for the car a month later is not competent. Nor was the question framed in such a way as to confine the inquiry to the condition the car was in after the accident.
The assignments of error are overruled and the judgment is affirmed.