McBride v. De Cozen Motor Co.

Judgment was rendered for the defendant by the judge of the Second District Court of Newark, sitting without a jury, and from that judgment the plaintiff appeals.

Erom the state of the case agreed upon it appears that the plaintiff, Elsie M. McBride, owned an automobile which on May 37th, 1935, she placed in the defendant’s shop to be washed and adjusted. On the 30th of May, at seven o’clock in the evening, the defendant’s watchman returned and found the rear door open and the plaintiff’s car gone. This constituted the whole of the plaintiff’s case.

The defendant proved that on the morning of…