Strange v. Price Auto & Service Co.

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages to an automobile damaged in a fire while in defendant’s garage where plaintiff had left it to be repaired. The appeal is from an order overruling defendant’s demurrer to plaintiff’s evidence and from the action of the trial court in discharging‘the jury and entering final judgment against defendant.

The petition, after the formal allegations, alleged ownership by plaintiff of a car of the value of $1,084.42; that on July 22, 1947, he delivered it to defendant for repairs; was given a claim check and…