Wehkamp v. City of Garden City

The opinion of the court was delivered by

Price, J.:

The city of Garden City owned and operated a municipal airport at which was located a storage hangar. Plaintiff owned an airplane and rented storage space in the hangar. In the early morning hours of March 6, 1956, the hangar was completely destroyed by fire — as was the airplane which was stored therein at the time.

Plaintiff brought this action against the city to recover the value of his airplane. It was predicated upon the doctrine of res ipsa loquitur. At the close of his evidence the city moved for a directed verdict. The motion was…