Ikovich v. Silver Bow Motor Car Co.

(dissenting) :

My view of this case is as follows:

Four men came to the home of plaintiff, No. 3032 Dickson street in Butte, on April 17, 1943, and removed from plaintiff’s premises a Dodge sedan automobile theretofore purchased by him from defendant on a conditional sale contract. As the ignition and motor were locked, the ear could not be moved on its own power so a wrecker was used to raise the rear end and tow it away. The automobile was taken without the knowledge or consent of the plaintiff who was asleep at the time. When the plaintiff discovered the car was gone he reported his loss to…