H. O. Dyer, Inc. v. Steele

COLEMAN, Justice.

This is an appeal from a judgment awarding appellee recovery for the damages he sustained when his automobile was stolen from a parking lot operated by appellant.

In the original petition plaintiff alleged that the car was parked in the defendant’s parking lot; that the car was stolen from the lot; “that said theft referred to and the damages resulting therefrom were proximately caused by negligence on the part of the defendant . . . not providing proper protection for plaintiff’s car while under the bailment contract.”

The defendant specially excepted to the petition for the…