Myles v. Helena Motors, Inc.

This is an appeal from a judgment in favor of the defendant dismissing the action after its motion for nonsuit was sustained. Hence the only question for consideration is whether the court was right in sustaining the motion.

The action was one for personal injuries sustained by the plaintiff under the following circumstances: On February 19, 1940, plaintiff took his automobile to the defendant’s place of business, a garage in Helena, for repairs. Later in the day, and between 1:30 and 2 o’clock in the afternoon, he returned to secure his ear and pay for the repairs. Upon entering the front of…