NELLIGER v. ATLANTA BAGGAGE &c. CO.

40752.

109 Ga. App. 863 (1964)

137 S.E.2d 571

NELLIGER v. ATLANTA BAGGAGE & CAB COMPANY.

Court of Appeals of Georgia.

Decided June 19, 1964.


Attorney(s) appearing for the Case

Paul C. Myers, for plaintiff in error.

Gambrell, Harlan, Russell, Moye & Richardson, Robert R. Richardson, contra.


EBERHARDT, Judge.

1. The applicable standard of care is provided in Code § 12-403: "The relation of the owner of an automobile and the owner of the garage in which the automobile is stored is that of bailor and bailee. Such bailee is bound to use ordinary care for the safekeeping and return of the automobile." After proof of his loss by the bailor, the burden of showing ordinary care or proper diligence is on the bailee. Code § 12-104.

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