Romney v. Covey Garage

WOLFE, Justice.

This is an appeal from a judgment of the District Court sitting without a jury awarding damages to respondent (plaintiff below) for injuries to his car which was stolen from appellant’s (defendant’s) garage and wrecked by thieves;

On April 30, 1938, respondent left his automobile at appellant’s garage to be stored for the night. As was his custom, and the custom of the Garage, his keys were left in his car and it was parked in the Garage by an employee of appellant. Three employee-attendants were on duty at the Garage that evening. None of them observed anyone enter the part of…