Legal Opinion

Carty v. Lemmon Auto Co.

South Dakota Supreme Court

Decided May 9, 1949No. File No. 9040PublishedCited by 5 opinions

1Opinion of the CourtRoberts, J.

An automobile belonging to the plaintiff and left for the purpose of having it repaired was stolen in the nighttime from defendant’s garage and damaged before it was recovered. Plaintiff brought this action seeking to recover the amount that he had paid for repairs and expenses incurred in recovering the car. In his complaint plaintiff alleged that he left with defendant the car for repairs, that defendant failed to exercise due care for its safekeeping, that the car was damaged, and that the damage resulted from the negligence of the defendant. Defendant admitted that the car was delivered…

2Cases cited5 opinions

  1. McKiver v. Theo. Hamm Brewing Co.South Dakota Supreme Court · 1941
  2. Headlee v. New York Life InsuranceSouth Dakota Supreme Court · 1943
  3. Allen v. LineSouth Dakota Supreme Court · 1948
  4. Feay v. MillerSouth Dakota Supreme Court · 1948
  5. Lathrop v. Goodyear Tire & Rubber Co.Appellate Court of Illinois · 1945

3Cited by5 opinions

  1. Nelson v. Schroeder Aerosports, Inc.South Dakota Supreme Court · 1979
  2. Dick v. ReeseIdaho Supreme Court · 1966
  3. Johnson v. HannaSouth Dakota Supreme Court · 1960
  4. Loving v. Howard Lare, Inc.Michigan Supreme Court · 1955
  5. FREEPORT MOTOR CASUALTY CO. v. McKenzie Pontiac, Inc.Nebraska Supreme Court · 1961

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