Lieber v. Smith

TARIFF, J.,

Plaintiffs filed a complaint in trespass and assumpsit seeking to recover for the value of goods defendant Standish Smith, operator of the Presidential Body and Service Garage, allegedly failed to return after plaintiffs had stored them in defendant’s garage facility. The case was tried before this court sitting without a jury on March 10,1980. For the reasons set forth below, we deny the relief sought.

Defendant operates his business in a three story structure located as part of the apartment complex known as Presidential Apartments, City Avenue in Philadelphia. Access to the…