Proctor v. Owen Motors, Inc.

This is an action of tort and contract in which the plaintiff seeks to recover for damages sustained due to a theft of the plaintiff’s motor vehicle from the defendant’s open air lot. The defendant’s answer was a general denial, allegation of contributory negligence and assumption of the risk.

The court found for the plaintiff in the sum of $1,044.59 with interest from the date of the writ.

*82At the trial there was evidence tending to show that the plaintiff consigned for profit to the defendant for sale his 1966 Cadillac automobile at its place of business in Dedham, Massachusetts. The defendant…