Madrid Motor Corp. v. Dawson

Opinion by

Arnold, J.,

The defendant, as a bailee, had possession of plaintiff’s motor truck (No. 41) which was returned to the bailor in damaged condition. Plaintiff sued in assumpsit to recover the cost of restoration. The court below directed a verdict for the plaintiff on which judgment was entered after the refusal of defendant’s motions. Defendant appealed.

The complaint as amended sustains an action regardless of whether the contract of bailment is implied or express.

Defendant’s answer admits that he became bailee of plaintiff’s truck No. 41, but denies, for a variety of reasons, that the…