Ellish v. Airport Parking Co. of America, Inc.

My learned brother, Mr. Justice Hopkins, has aptly stated the question here to be determined when he says: “ The nature of the circumstances themselves leads to the determination whether the transaction should be considered a bailment, in which event the defendant is liable to the plaintiff, or whether the transaction should be considered a license to occupy space, in which event the defendant is not liable to the plaintiff.” He concludes that “ the realities of the transaction in which the parties engaged” establish that when the plaintiff placed her automobile in the defendant’s enclosed…