Ablon v. Hawker

On Rehearing.

YOUNG, Justice.

Upon reconsideration of this record conclude that an issue of negligence h been raised by the testimony, resolved by the trial court in favor of plaintiff, in this: Defendant contended that his duty to exercise ordinary care as regards the bailed property terminated at closing time, 7:30 P.M., after which any car left on lot was at owner’s risk. However, plaintiff did not know this, and within two hours the car was stolen. During such interval, under the circumstances, defendant owed plaintiff’s property some measure of protection; and it became a question of fact…