Plaintiff, Kenneth Roberts, who was injured on September 11, 1965, when his auto*98mobile was struck in the rear by another automobile owned by defendant, Leonard Posey, and driven by James Montague, brought this action in Wayne County Circuit Court against defendant Posey alone to recover his damages. After a non-jury trial, the trial judge filed a written opinion that the plaintiff was entitled to recover damages in the sum of $6,000. Prior to the entry of that judgment, he filed a supplemental opinion, expressly reversing himself and directing the entry of a judgment of no cause of action. Such a judgment was entered and the plaintiff appeals.
Pursuant to GCR 1963, 812.10 the parties filed a stipulation in this Court that the statement of facts in the appellee’s brief shall comprise the agreed statement of facts on appeal. The statement of facts leaves no doubt that the accident and the plaintiff’s injuries were proximately caused by the negligent operation of the defendant’s auto by Montague. The other significant facts may be summarized as follows, with certain direct quotations from the agreed-upon statement receiving our emphasis:
On September 10,1965, at 10 in the morning, Montague visited the home of the defendant, an ordained minister, and requested the loan of the defendant’s auto for the express purpose of going to pick up his paycheck. The defendant agreed to allow Montague to use his vehicle but admonished him at the time that the auto must he brought hack no later than 11 or 11:30 a.m. so the defendant could use it for church business at that time. Montague, agreeing to the limitation, took the car. It was not returned at the agreed time. That afternoon the defendant became concerned about the whereabouts of his auto and made every reasonable effort to locate it, including notification to the police that it was missing. The defendant was unable to locate it until after it *99had been driven by Montague, early the next morning, into the rear of the plaintiff’s car.
The defendant is charged with no fault. The sole question, on appeal, is whether, on these stipulated facts, the defendant is responsible for the plaintiff’s damages by operation of the civil liability act. MCLA § 257.401 (Stat Ann 1968 Rev § 9.2101). The statute contains its own express limitation:
“The owner shall not be liable, however, unless said motor vehicle is being driven with his or her express or implied consent or knowledge.”
This statute was most recently construed in a limited consent situation in Detroit Automobile Inter-Insurance Exchange v. Swift (1968), 11 Mich App 166, where this Court restated the rule that where consent is limited, use beyond that limit does not make the owner liable.
Consent and limitations thereon are ordinarily fact questions with the plaintiff having the burden. Detroit Inter-Insurance Exchange v. Gordon (1968), 15 Mich App 41. Here, by the stipulated facts, and also by the trial judge’s findings,** the plaintiff failed to sustain that burden. The trial judge correctly reversed himself and the judgment for the defendant is affirmed.
R. B. Burns, P. J., concurred.In the supplemental opinion the trial judge stated:
“On the facts we must hold that he was not driving reasonably with the granted consent; he was on a personal, independent joyride of his own tlio next day after the consent had been given and over 12 hours after the period of time within the permitted use.”