Sign Animation Corp. v. Wilkie Buick Co.

Opinion by

Baldrige, J.,

This action of assumpsit was tried in the municipal court before Gable, J., without a jury. The plaintiff obtained judgment, and defendant appealed.

On July 17, 1933, plaintiff’s automobile was taken to the shop of the defendant company for the purpose of having repairs made. An official of the company executed a repair order containing the provision that the defendant assumed no responsibility for loss or damage by theft or fire to vehicles placed with it for storage, sale or repair.

The appellant argues (1) that a bailee can limit his liability against loss due to theft…