by the Government of New Jersey

“ The courts have long accepted the fact that defective trucks and cars are dangerous instrumentalities on highways. They present great potentiality for harm to other highway users as well as to their own drivers and passengers. Therefore the offering to the public of trucks and pleasure vehicles for hire necessarily carries with it a representation that they are fit for operation. This representation is of major significance because both new and used cars and trucks are rented. In fact, as we were advised at oral argument, the rental rates are the same whether a new or used vehicle is supplied. ”

“ When the implied warranty or representation of fitness arises, for how long should it be considered viable? Since the exposure of the user and the public to harm is great if the rented vehicle fails during ordinary use on a highway, the answer must be that it continues for the agreed rental period. The public interests involved are justly served only by treating an obligation of that nature as an incident of the business enterprise. The operator of the rental business must be regarded as possessing expertise with respect to the service life and fitness of his vehicles for use. ”

“ I. The circumstances under which the verdict in favor of the defendant was returned are strongly indicative that the jury found no negligence on the part of the defendant and no contributory negligence on the part of the plaintiff. The record reveals that during their deliberations the jury sent a note to the judge saying:
"If we feel that there is insufficient evidence to prove that either party is guilty of negligence -- can we use this as a cause for throwing the case out?" ”

“ There must be proof of such a failure of the truck as shows a breach of the warranty or breach of the duty to supply a vehicle fit for the agreed period of use. For example, if a rented vehicle was driven around a curve at such an excessive rate of speed that the driver lost control and struck a pole, the cause would not be failure of the vehicle, but failure of the driver. Here, as we have said, a factual issue exists as to whether the brakes were defective and the collision and plaintiff's injuries resulted from the defect. The jury must pass upon the credibility of the various witnesses ”

“ In the case before us, it is just as obvious that when a company like Contract Packers rents trucks for limited or extended periods for use in its occupation of transportation of goods, it too relies on the express or implied representation of the person in the business of supplying vehicles for hire, that they are fit for such use. ”

“ Moreover, as between bailor for hire and bailee the liability for flaws or defects not discoverable by ordinary care in inspecting or testing ought to rest with the bailor just as it rests with a manufacturer who buys components containing latent defects from another maker, and installs them in the completed product, or just as it rests with a retailer at the point of sale to the consumer. ”

“ To illustrate, if a traveler comes into an airport and needs a car for a short period and rents one from a U-drive-it agency, when he is "put in the driver's seat" his reliance on the fitness of the car assigned to him for the rental period whether new or used usually is absolute. In such circumstances the relationship between the parties fairly calls for an implied warranty of [NJ450] fitness for use, at least equal to that assumed by a new car manufacturer. The content of such warranty must be that the car will not fail mechanically during the rental period. ”

“ The expansion of enterprises engaged solely in bailment for hire seems to justify increasing imposition of absolute warranties, at least to the extent that they would be imposed upon a seller of similarly used goods. In addition, reliance is greater than in the typical sale, for it is generally true that the bailee for hire spends less time shopping for the article than he would in selecting like goods to be purchased, and since the item is not one he expects to own, he will usually be less competent in judging its quality. ”

“ We take care of maintenance too -- greasing, oil changes, preventive maintenance, inspections, plus all repairs, repainting, cleanings, and washings! Most of the work is done at night, or during the off hours of your business. Hertz is on the job 24 hours a day, 7 days a week.
And * * * when it is necessary to hold a truck for repairs -- either in the garage or on the road -- we furnish a replacement vehicle at no extra charge. In fact, Hertz maintains a fleet of brand-new trucks for emergency cargo pick-ups on the road! ”

“ A sale transfers ownership and possession of the article in exchange for the price; a bailment for hire transfers possession in exchange for the rental and contemplates eventual return of the article to the owner. By means of a bailment parties can often reach the same business ends that can be achieved by selling and buying. The goods come to the user for the time being and he benefits by their use and enjoyment without the burdens of becoming and remaining the owner. The owner-lessor benefits by receiving the rent for the temporary use. Vold, Sales, supra, § 4, p. ”

“ Warranties of fitness are regarded by law as an incident of a transaction because one party to the relationship is in a better position than the other to know and control the condition of the chattel transferred and to distribute the losses which may occur because of a dangerous condition the chattel possesses. ”

“ In such circumstances the hirer defers to the special qualifications of the contractor in both the selection and use of the equipment. Relying on the supplier's control of the work and with confidence in the supplier's expert knowledge and competence, he makes at most only a routine inspection of the equipment employed. ”

“ After leaving Dover the men headed for Suffern, New York. About noontime, as Sottilare was going along Route 202, apparently within the limits of Suffern, he came around a bend in the road and saw an overhead bridge or trestle a hundred feet or so ahead of him. It was a low bridge, the clearance only 9 feet, 6 inches. Sottilare applied his brakes; they failed. The truck "just kept going" forward until the peak of its body hit the overhead structure. As Cintrone put it, he saw "the driver pumping the brakes. And he never stopped the truck because the brakes didn't work." ”

“ The quoted allegation continued "and by the contract of rental undertook to keep said vehicle in good order and repair and that said defendant breached said warranty because it was unsafe and unfit for use because of the faulty brake system of which the defendant knew or should have known." ”

“ Both men were injured. They were removed to a hospital in Suffern, Sottilare by ambulance, Cintrone by police car. Cintrone was examined, given some pills and released; Sottilare remained there.
[A774] Cintrone drove the truck back to Contract Packers in Jersey City. He said he drove slowly, in first or second gear, using the hand brake and the low gear for slowing and stopping. On arrival in Jersey City he did not drive the truck to the Hertz garage and report the accident or any trouble with the brakes. He left the vehicle at his employer's lot. ”