MOTORIST WHO LOST CAR

Greymouth Evening Star, 23 June 1937, Page 13

MOTORIST WHO LOST CAR

PARK OWNERS NOT LIABLE LONDON, May 9. It was decided by the Court of Appeal yesterday that when an unauthorised person took a car out oi a carpark and the car-park ticket contained a disclaimer by the car-park owners of any responsibility for the car, the risk was one that fell on the owner of the car, who could not recovei damages for its loss. The Court allowed the appeal or Messrs. Tolhurst owners of the Seaway Car-park at Southend-on-Sea. from 'a judgment of Judge Beazley at Southend County Court awarding £3O damages to Mr. Francis G. Ashby, oi Avondale-road. Harringay. N.. for the loss of his car. Lord Justice Greene, the Master oi the Rolls, said Ashby left his car in (he park and received a ticket for which he paid a shilling. On the ticket the park proprietor stated that no responsibility was taken for the sate custody of cars, or articles in them. Cars were left in all respects entirely at the owner’s risk. When Mr. Ashby returned for his car he found that the attendant had allowed it to be taken away by another man, who said he was Ashby’s friend—a relationship which Ashby denied. Lord Justice Greene stated that in his opinion all that the car-owner got for his shilling was the right to leave his car in a certain place. The relationship between car-owner and car-park proprietor was that of licensor and licensee, which carried no obligation in relation to the car. Lord Justice Romer and Lord Justice Scott, agreed, and the appeal was allowed with costs.