West v. Kendall

In this action the plaintiff seeks to recover damages caused to his home in Nantucket, when a motor vehicle, owned by the defendant and operated by a person whose identity is unknown, crashed into the front portion of the dwelling.

On August 24,1982 the defendant parked his Ford pick-up truck at the A & P market parking lot at about 11:30 p.m. He left the truck unlocked, unattended and the keys remained behind in the ignition. When the defendant returned to the parking spot one hour later the truck was gone. The police were notified and the incident was deemed to be unauthorized use.

The…