Kentucky Motors Company v. Kelly

Opinion of the Court by

Judge Rees

Reversing.

Appellee, Dr. Frank Kelly, instituted this action in the Harlan circuit court against appellant, Kentucky Motors Company, to recover damages for the destruction of his automobile in a fire which consumed the latter’s garage in the city of Harlan. It was alleged in the petition that on the 26th day of December, 1925, the appellee delivered to appellant his automobile to be repaired, and that appellant agreed to safely keep it and return it on Sunday afternoon or Monday morning. The fire occurred on Sunday night, December 27, 1925. It was also alleged…