Sewall v. Fitz-Inn Auto Parks, Inc.

The plaintiff seeks recovery of the value of his automobile, which was left by him on the defendant’s parking lot early on the morning of April 15,1970, and was gone when he returned for it early that evening, it having apparently been stolen by an unidentified third person. The declaration is in two counts, one based on a theory of breach of the defendant’s contractual duty to safeguard the automobile and the other based on principles of ordinary negligence. At the conclusion of the evidence the trial judge directed verdicts for the defendant on both counts. The propriety of that action is…