Torres v. Early

This is an action of contract and tort in two counts in which the plaintiff seeks to recover damages in Count 1 for the alleged breach of a bailment agreement and in Count 2 for negligence because of the manner in which the defendant cared for a motor vehicle of the plaintiff. The answer is a general denial and sets up the special defenses of contributory negligence and assumption of the risk.

The evidence tended to show that the plaintiff was the owner of a 1963 Chevrolet automobile and that on June 1, 1971, he delivered it to the defendant who was in the business of repairing automobiles and…