Malone v. Santora

The plaintiff in each of these cases sued the defendant to recover for damage to the plaintiff’s automobile consequent upon its being stolen from the defendant’s parking lot, where the plaintiff owner had left it and paid the required parking charge. In each case judgment was rendered for the plaintiff and the defendant has appealed.

The essential facts are undisputed and may be thus summarized: The plaintiff Johnson’s car was stolen on the evening of November 22, 1946, and that of the plaintiff Malone on the evening of November 29, 1946. Each was subsequently recovered in damaged condition.…