Atkins v. Racquet Garage Corp.

Opinion by

Wright, J.,

Waldo A. Atkins brought suit in assumpsit against Racquet Garage Corporation to recover damages for the destruction of his motor vehicle by fire while it was in storage. Following a verdict for plaintiff, defendant filed motions for judgment n.o.v. and for a new trial, which were dismissed by the court en banc. This appeal followed.

Appellee was the owner of a Buick convertible coupe. On June 28, 1947, he and his wife used the car for a pleasure drive in the suburbs of Philadelphia. About midnight, or shortly thereafter, appellee drove into appellant’s two-story enclosed…