O'BRIEN v. Isaacs

1. Defendant’s right to retain possession of plaintiff’s automobile. Defendant contends that he had a lien on plaintiff’s car and therefore had the right to retain possession until plaintiff paid him the amount due as a parking fee (namely the $1 charge for overparking). This argument presupposes that plaintiff owed defendant the dollar.

The relationship between the parties was that of bailor-bailee. Where a parking attendant is present at the lot to collect fees, moving the cars about when keys are left upon request, and tickets are issued as a means of identifying the cars upon redelivery,…