Van Gilder v. City of Morgantown

Kenna, Judge:

This action of trespass on the case in assumpsit was brought in the Circuit Court of Monongalia County by L. J. Van Gilder against the City of Morgantown, seeking a recovery of the value of an airplane destroyed by fire in a hangar at the municipal airport of that city. The alleged cause of action is based upon the breach of a contract of bailment for hire pursuant to which the plaintiff- bailor paid to the City of Morgantown as bailee a monthly-rental of fifteen dollars that entitled him to store and keep his airplane in the defendant’s custody at its airport. The declaration…