Ostergard v. Frisch

The majority opinion is based on the assumption, not supported by the record, that the collision with plaintiff’s car “happened during the flight of the thief from the scene of the theft. ’ ’ Plaintiff never claimed that the thief was in flight when the collision occurred. In his statement of facts on appeal he says that defendant parked his car on March 18, 1946, about 10 o’clock in the forenoon, on a public street, leaving it unlocked and the key in the ignition; that it was stolen and, “the thief, after having stolen appellant’s said automobile and while later driving same, collided” with…