Scellars v. Universal Service Everywhere

CRAIG, J.

The defendant corporation appeals from a judgment for damages and from the order denying its motion for a new trial, upon the ground of insufficiency of evidence to sustain the findings and judgment of the trial court.

Appellant conducted an automobile washing and cleaning business in the city of Los Angeles, and on May 27, 1920, respondent drove his Cadillac automobile from his residence to appellant’s stand, a distance of about ten blocks, where he delivered it to one Carr, an employee of appellant, and ordered it washed. Respondent returned in about two hours for the ear, when he was told by said employee that it was broken. Carr handed respondent a small “wrist-pin” which he stated that he had found in the pan underneath the machine, and upon investigation by an expert it was found that the crank-case was broken in three places; that the connecting-rod had broken and gone down inside, tearing out the rocker-plate around the cam-shaft, necessitating repairs which cost $738.78.

It was alleged in the complaint that prior to said washing the machine was of the reason-able market value of $4,300, and that while in possession of defendants the latter so carelessly, negligently, and unskillfully handled and managed the same that it was damaged to the extent of $2,800. The answer specifically denied each material allegation of the complaint.

The appellant maintained an elevated rack upon which automobiles were driven up an incline about twenty feet long, to the level surface, which was forty inches above the ground. Carr testified that respondents’ machine stood about twenty-five feet from the incline, and that he placed the machine in low gear and drove it to the top, whereupon he

[255]

heard a click, then a dull thud, or “bang,” when he immediately shut it off at the switch and threw it out of gear; that the car was then pushed along on the rack by hand and washed. He further testified that he did not at any time have the car in high gear, and did not race the motor, and that the clutch did not slip; that he had operated nearly all makes of automobiles, and was familiar with and had operated Cadillacs; that he did not do anything unusual in the handling or management of this particular machine, and “did not know what was the matter with the motor” when it stopped.