Gordon v. Gershman

Opinion by

Linn, J.,

This appeal was submitted without oral argument. The verdict establishes that defendant garage-keeper wrongfully permitted plaintiffs’ car to be taken out at night by some unauthorized person who damaged it in an amount not disputed by the evidence. The repective contentions were adequately submitted to the jury. In affirming we need only paraphrase briefly what was said below in refusing defendant’s motions for judgment n. o. v. and for a new trial.

Plaintiffs paid defendant for caring for the car; his duty therefore was to take such care of it as was ordinarily required in…