Lewis v. Ebersole

FOSTER, Justice.

This suit involves the liability of a parking lot proprietor for the theft of a car parked on it. It was a large unenclosed lot close to the business center of Birmingham. The suit was tried by the court without a jury and judgment was rendered for plaintiff for the amount of the undisputed value of the car which was never recovered.

The only counts on which judgment can be rendered for plaintiff on the evidence are counts IV and V. There was no proof of a conversion. Davis v. Hurt, 114 Ala. 146, 21 So. 468. They allege that defendant was a bailee of the car, to whom was…