Liberty Mutual Insurance v. Meyers Bros. Operations, Inc.

This action was commenced by the plaintiff’s subrogor to recover the value of an automobile which had been parked in Lot No. 3 of the defendant, located at the John F. Kennedy International Airport. The case appeared on the Trial Calendar, the parties waived a trial by jury, and agreed to submit the case to the court upon a stipulated state of facts.

On September 1,1965, plaintiff’s subrogor left his autonlobile in said lot, parked his car, locked it, and removed the keys. On his return, on September 3, 1965, he searched for his car; same was nowhere to be found. The car has not been located.

Th…