Zakon v. Schwarz

Action of tort or contract to re*93cover compensation for damage to the plaintiff’s car while parked in the defendant’s parking lot.

On the day in question and for several days before that time, the plaintiff left his car undamaged with the ignition key in it with the defendant’s attendant out in the defendant’s parking lot. He did not see the defendant’s attendant park the car. For this service, he paid the defendant monthly. Upon his return to the lot later on the day in question, the plaintiff drove his car out of the lot, and after driving some distance, became involved in an accident. It was…