Kravitz v. Parking Service Co.

SIMPSON, Judge.

This is an action by appellant, as bailor, against appellee, as bailee for hire, for the negligent loss by theft of appellant’s automobile. The complaint is in two counts, the first in case charging negligence in allowing the automobile to be stolen and the second in assumpsit for breach of appellee’s contract as such bailee to exercise due care in safeguarding the bailed property.

The appellee, as a defense to the suit presented the following plea:

“Defendant avers that at the time of the delivery of the automobile by plaintiff to the defendant, and contemporaneous therewith,…