Bunn v. Broadway Parking Center, Inc., 42667
| Decision Date | 09 June 1967 |
| Docket Number | No. 3,No. 42667,42667,3 |
| Citation | 116 Ga.App. 85,156 S.E.2d 464 |
| Parties | Willie BUNN v. BROADWAY PARKING CENTER, INC |
| Court | Georgia Court of Appeals |
Adams, O'Neal, Steele, Thornton & Hemingway, Robert S. Slocumb, Macon, for appellant.
Anderson, Walker & Reichert, Albert P. Reichert, Jr., Macon, for appellee. Syllabus Opinion by the Court
1. Code § 12-403. This Code section being a part of the originally adopted Code of 1933 has the force and effect of a statute enacted by the General Assembly of this State. Ga.L.1935, p. 84. This Code section must be given effect by the courts as a part of the substantive law of this State. Sirota v. Kay Homes, Inc., 208 Ga. 113, 114(3), 65 S.E.2d 597.
2. Under the foregoing principles, where the plaintiff's petition alleges in substance and effect that the plaintiff, owner of an automobile, entered into an oral contract with the defendant, the operator of a garage for the storing and servicing of automobiles, whereby for a consideration therein agreed upon plaintiff stored his automobile in the defendant's garage, the allegations were sufficient to show that under Code § 12-403 the relation of bailor-bailee was created as between the plaintiff and the defendant notwithstanding that the facts alleged were insufficient to show that the relation of bailor and bailee was created under generally recognized principles of the law of bailments. Code §§ 12-101 and 12-102. Atlantic Coast L.R. Co. v. Baker, 118 Ga. 809(1), 45 S.E. 673.
3. The allegations of the petition in this case, even when construed against the pleader, as must be done on general demurrer, show the existence of the relation of bailor and bailee between the plaintiff and the defendant under Code § 12-403, and the loss or destruction of the automobile during the pendency of the bailment. While defendant might, by an appropriate special demurrer, have required the plaintiff to allege more specifically the acts of negligence on the part of the defendant which he contended caused the destruction of his automobile by fire, and to set forth their causal connection therewith (AAA Parking, Inc. v. Black, 110 Ga.App. 554, 139 S.E.2d 437 and citations)...
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Brown v. Five Points Parking Center
...relationship of bailment is created when one parks his automobile with a garage or parking lot. Code § 12-403; Bunn v. Broadway Parking Center, 116 Ga.App. 85, 156 S.E.2d 464; AAA Parking v. Black, 110 Ga.App. 554, 139 S.E.2d 437; Nelliger v. Atlanta Baggage & Cab Co., 109 Ga.App. 863, 137 ......
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Davidson v. Ramsby
...and the owner of a garage for the storage of such automobile is that of bailor and bailee. Code § 12-403; Bunn v. Broadway Parking Center, 116 Ga.App. 85, 156 S.E.2d 464. 7. Where the object of the bailment is beneficial to both bailor and bailee, the degree of diligence required of the bai......
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Park 'N Go of Georgia, Inc. v. U.S. Fidelity and Guar. Co.
...§ 44-12-77 unequivocally recognizes the bailment relationship between garage owners and their customers. See Bunn v. Broadway Parking Center, 116 Ga.App. 85, 156 S.E.2d 464 (1967), applying former Code § 12-403. It The relationship of the owner of an automobile and the owner of the garage i......
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Cordell Ford Co. v. Mullis, s. 44996
...and return of the automobile.' Code § 12-403; Hight Accessory Place v. Lam, 26 Ga.App. 163, 105 S.E. 872; Bunn v. Broadway Parking Center, Inc., 116 Ga.App. 85(1), 156 S.E.2d 464. 2. 'In a suit against a bailee for loss of property bailed, it is no defense that the bailor was insured agains......