Westchester Development Corp. v. Burkett ex rel. Automobile Ins.

HOOD, Associate Judge.

Plaintiff’s automobile was wrongfully taken from a garage in the basement of the Westchester Apartments and later recovered in a damaged condition. His insurance company paid him for the damage *629and this action was brought in his name to the use of the insurance company to recover that sum from the owner of the apartment house. There was a finding and judgment for plaintiff.

The single question argued on appeal was whether the relationship of the parties, with respect to the automobile at the time it was taken, was that of bailor and bailee or landlord and tenant.…