Maloney v. Harless

Opinion by

Wright, J.,

Mary Ellen Maloney brought suit in assumpsit against William R. Harless, trading as Harless Motor Sales Company, to recover damages for the destruction of her Mercury automobile by fire while it was in defendant’s garage for repairs. At the conclusion of the trial, counsel for defendant presented a point for binding instructions. This point was refused, and the case was submitted to the jury. After verdict for the plaintiff, the court en banc granted defendant’s motion for judgment n.o.v. This appeal followed.

On the evening of December 5, 1951, about 8:30 p.m.,…