Hayes v. Maykel Automobile Co.
Massachusetts Supreme Judicial Court
Tort or contract with a declaration in two counts. In the first count it was alleged that the defendant agreed to store the plaintiff’s motor vehicle and diligently to watch, guard and protect it whenever it was left in the care of the defendant at its garage in Worcester; that employees of the defendant entrusted with that duty failed to perform it, “in consequence whereof the automobile of the plaintiff was taken from the garage of the defendant by a person other than the…
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Tort or contract with a declaration in two counts. In the first count it was alleged that the defendant agreed to store the plaintiff’s motor vehicle and diligently to watch, guard and protect it whenever it was left in the care of the defendant at its garage in Worcester; that employees of the defendant entrusted with that duty failed to perform it, “in consequence whereof the automobile of the plaintiff was taken from the garage of the defendant by a person other than the plaintiff and stolen, so that the plaintiff lost the same.” In the second count negligence on the part of the…
1Opinion of the CourtCarroll, J.
This is an action to recover for the loss of an automobile stored in the defendant’s garage under a contract of “live storage,” so called. About thirty cars of customers were in the defendant’s care. A book required by St. 1909, c. 534, § 28, was kept for recording the coming in and going out of motor vehicles. On the morning of November 30, 1917, one Clark at the plaintiff’s request drove the car from the garage and an entry was made in the book showing the time of its departure. The plaintiff testified that he returned the automobile that evening about six o’clock, no record being made at…
2Cases cited1 opinion
- Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
3Cited by13 opinions
- Sandler v. Commonwealth Station Co.Massachusetts Supreme Judicial Court · 1940
- Morse v. Homer's Inc.Massachusetts Supreme Judicial Court · 1936
- Doherty v. ErnstMassachusetts Supreme Judicial Court · 1933
- Rogers v. MurchMassachusetts Supreme Judicial Court · 1925
- Soutier v. KaplowMassachusetts Supreme Judicial Court · 1953
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