Vannatta v. Tolliver

Opinion by

Trexler, J.,

The plaintiff left his automobile with the defendant, a garage keeper, who agreed, for a consideration, to store and wash it. While the car was in defendant’s garage it was taken therefrom without the knowledge or consent of the plaintiff or defendant, but with the consent of the defendant’s employee, the night man, who was in charge of the garage. The person who was permitted to take out the car caused it to collide with a truck and the car was damaged. The learned trial judge who exercised both the function of court and jury found in favor of the defendant, assigning…