by such use. The Legislature of California has in consequence enacted a statute making the unauthorized use of an automobile a crime, punishable by severe penalties.

Section 1180.—UNLAWFUL USE OF AUTOMOBILES. Any person who shall, without the permission of the owner thereof, take any automobile for the purpose of temporarily using or operating the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $200, or by imprisonment not exceeding three months, or by both such fine and imprisonment.

Every owner or manager of an automobile garage, or any agent or employee of such owner or manager, or any other person, having the care, custody or possession of any automobile, who takes, hires, runs, drives or uses such automobile, or who takes or leaves therefrom any part thereof, without the owner's consent, is punishable by a fine not exceeding $1000, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. Penal Code, Sections 499b, 499c.

Section 1181.-USE OF CAR BY BORROWER.— When the owner of an automobile merely permits another to use it, the latter does not thereby become the agent or servant of the former. Where the owner loans his car to a person over whom he had no direction or control at the time of the accident, he is not held liable for the mere loaning. The owner of a vehicle is not liable for an injury caused by the negligent driving of an operator if the car was not used at the time in the owner's business, nor under his control or management.

Section 1182.-OWNER'S LIABILITY FOR INJURY TO CHAUFFEUR.-If the owner and his chauffeur are both in the car, and the owner is negligently driving, and an accident occurs, the owner will be liable for damages for injuries to the chauffeur. But if the chauffeur is driving, he

cannot recover damages from his employer caused by his own negligent driving. And the chauffeur undertakes the risk of the employment. He cannot recover damages from his employer for an injury springing from a defect in a machine for the safe condition of which he himself is responsible. He is deemed to undertake the risk of a dangerous work. He is held to assume the ordinary risks of the business upon which he enters, so far as those dangers are known to him, or should be readily discernable by a person of his age and capacity in the exercise of ordinary care. Notwithstanding the general rule is that the master is bound to use due care to furnish safe and sound materials, machinery, etc., yet the servant assumes the risks of obvious defects in things which he voluntarily uses, if his work consists in dealing with dangerous, unsafe or unsound things known to him to be so, or obviously so, and which by the very nature of the business must be used while in that condition.

Section 1183.-CRIMINAL LIABILITY OF EMPLOYER.-A master is not, generally speaking, criminally responsible for the acts of his servants, unless he expressly commands the act to be done; for in criminal cases they must each answer for their own acts, and stand or fall in their own behalf; and where one employs another in doing a thing, and there are several ways of doing it, one criminal and another innocent, and he does it in a criminal manner, the employer is not responsible.

But where one man expressly orders another to do an illegal act, the employer is accountable for that act. Whether or not the person employed is also criminally responsible must depend upon the circumstances.

If, though the actual doer of the deed be a servant, the master stands by and sees and assents to the committal of the offense by the servant, or chooses to refrain from exercising the authority which he might have exercised to prevent the offense being committed, the master will be criminally liable.

Smith's Master and Servant, fifth edition, page 266.

Section 1184.-GARAGES AND GARAGE KEEPERS. -The word "garage" is of French origin, and signifies a depot for the storage or repairs of motor cars. And in this country it is often used to mean a place not only for the storage and repair of cars, but also for the sale of automobiles. The garage occupies with relation to automobiles the same place that livery stables do with respect to horses.

Section 1185.-RELATION OF GARAGE KEEPER TO HIS CUSTOMER.-The storage of an automobile in a garage constitutes the keeper a bailee for hire. The liability of the bailee in this class of bailments is for the care and custody of the property placed in his possession and control; it therefore follows, that his liability does not begin until he has the possession and control of the property, and continues until the possession and control is surrendered to the bailor, or his assigns, or to the rightful owner. The garage keeper holds the property for no other purpose than to care for it during the continuance of the relation in accordance with the contract, and to redeliver it to the bailor upon the termination of the contract. He has no title to the property except the possessory interest given him as bailee. and his right to the possession ceases whenever he is guilty of fraud or bad faith, or any misuse of the property. The contract for the storage can be terminated at the will of the person putting the car into the garage. The garage keeper must at all times upon reasonable demand and notice be ready to deliver the property to the person who placed it with him.

Section 1186. - FAILURE TO REDELIVER TO CUSTOMER. Not only is the garage keeper required to deliver the car he has had in his possession to the bailor at the termination of the bailment, but for a misdelivery, whether by mistake or negligence, he will be liable for damages. For a mistake or negligence in the performance of his duty which renders it impossible for him to deliver the property, he will be held accountable the same as if