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Show c BE CAREFUL WHEN IMG rn GAR (By George F. Kaiser) That a motorist is still considered a fair target by certain zealous legislatures legisla-tures la evidenced by a number of re-1 re-1 cent statutes which have been put on j the books, j One case was decided in Michigan ! recently which is not only of interest to every motor car owner In that i state, but is also of interest to motor I ear owners in other states, for it fore-- fore-- casts a new period of drastic legislation legisla-tion designed to curb motorists and I I motor cjrs in the United States This case breaks away from the! usual decisions and establishes a new rule with regard to a motor car own- 1 era responsibility when he loans his car to another. Suit was instituted as a result of an automobile accident which occurred while a motor car was being driven by the chauffeur of a person who hr-.l borrow ed it. The suit was for damages j I against the owner of the car, although Jat the time of the accident the car was not being used for his business nor was it being driven by his chauf-' feur. but was engaged in the bualneaa lot" the party who had borrowed it and i was being driven by that party's chauf-! chauf-! feur. The case was decided under a recent 'Michigan statute which provides that: j "The owner of a motor vehicle shall be liable for any injury occasioned by the negligent operation of such motor mo-tor vehicle provided, that the owner' : shall not be liable unless said motor vehicle is being driven by the express or implied consent or knowledge of such owner." Thp court in deciding that the owner own-er was responsible and would 1 i to stand the damages said: "It is true that the automobile has I become so perfected that it may not be classed as a dangerous instrumentality instrumen-tality when intelligently managed. It will not shy, balk, back up, or run away when properly directed, but may do all of these things when managed I by an inexperienced, incompetent, or I I reckless driver When in control of 'such a one it becomes an exceedingly destructive agency, as the daily toll of lives and the many injuries to persons chronicled by the newspaper attest. If the owner of such agency consents to turn It oer to the control of an incompetent in-competent or reckless chauffeur he is I not deprived of any legal right by holding hold-ing him liable for its negligent operation opera-tion when in such control, and a greater great-er degree Of safety to the general pub-jlic pub-jlic is likely to follow. "The recent statute, while safeguard- ing the rights of persons having occa-I occa-I slon to use the streets, does not un-' un-' reasonably infringe upon the rights of those able to own automobiles. The owner of an automobile is supposed to , know and should know about the quall-: quall-: fication of the persons he allows to use I his car or to drive his automobile, and If he has doubts of the competency or the recklessness of the driver, he should refuse to give his consent to the use by him of the machine. The statute is within the police power of the state ' An earlier Michigan statute which attempted to make a motor car owner I 'responsible even if it was taken out without his permission was held to be unconstitutional some time ago. The present Michigan statute under which the above case arose expressly provides pro-vides that an owner shall not be responsible re-sponsible unless his car Is used by other people with his express or im plied consent. In other states like New York which has no such drastic statute, the old rule is still adhered to by the courts and unless a ear is used on the owner's own-er's business he is not held responsible. responsi-ble. There have been many eases In the courts of the different states holding hold-ing that a motorist is not responsible for tho negligence of a person who has borrowed his car, even though the mo torist has expressly consented to the borrowing, and some decisions hnve gone oven further and held that a motorist mo-torist is not responsible for a chauffeur's chauf-feur's negligence when he deviates from his duty to go on an errand of his own. The state of Alabama, on the other hand, although it has no law like the Michigan siatute, has, through its courts, decided that the owner of an automobile is liable for damages inflicted in-flicted by a person to whom he has loaned the car if he is aware that the person who has borrowed It is not competent com-petent to handle It or is careless, reck-leeafl reck-leeafl or indifferent in his driving on the public roads The supreme court of South Carolina recently, in passing upon the question of whether there was a lien upon a motor car for injuries caused b it, quoted an old saying, which goes: "With your own whip and your friend's horse, there will be some fast riding " Proceeding on that theory, It decided decid-ed that If a motor car is loaned the motor car can be attached and made liable under the South Carolina act which provides for a lien on motor cars for injuries inflicted by them. In another case recently decided it was held that a statute which declares that a lien shall exist upon any automobile auto-mobile that occasions damage to anyone any-one to whom the owner has ' Hired, loaned or otherwi.se placed it In charge" is not unconstitutional on the ground that it deprives the owner of his property without duo process of law, as the statute does not provide for a lien when the car Is operated by a party who is not an agent, servant or borrower of the owner |