Potomac Insurance v. Donovan

A jury has returned a verdict for plaintiff, representing the amount of damage to the automobile of one Harold Leonard. Plaintiff has paid Leonard’s claim under a theft policy and brings the action as assignee of Leonard against defendant, operator of a parking lot in the city of Utica.

*893The court reserved decision on a motion for a nonsuit made at the conclusion of all the evidence.'

On the evening of December 4,1944, Harold Leonard drove his Buick sedan onto a parking lot located at the corner of Charlotte and Elizabeth Streets, in the city of Utica, New York. He paid the attendant twenty…