Rabinovitzch v. Sea Crest Cadillac-Pontiac, Inc.

The plaintiff’s husband delivered her motor vehicle to the defendant for service and repair one morning in 1970. When he returned that evening to pick it up, the motor vehicle was missing from the defend*815ant’s premises. This action was brought to recover the value of the automobile and its contents. A finding for the plaintiff was entered in the District Court. The Appellate Division of the District Court concluded that there was no prejudicial error and ordered that the report be dismissed. The defendant argues here that the judge was in error in ruling that the defendant had the burden of…