Summary
In Farley v. Sley System Garages, 187 Pa. Super. 243, 144 A.2d 600 (1958), a motorist parked his car in a parking lot, the car was stolen due to the lot owner's negligence, and a third person was struck by the car as it was being driven by the thief.
Summary of this case from English Whipple Sailyard, Ltd. v. Yawl ArdentOpinion
June 12, 1958.
September 11, 1958.
Negligence — Automobiles — Parking lot — Theft of car — Collision with car operated by thief — Duty owing to plaintiffs.
In an action for injuries, in which it appeared that plaintiffs' automobile was struck by a motor vehicle which had been stolen from the parking lot of defendant and was being operated at the time of the collision by the thief, it was Held that the court below properly determined as a matter of law that defendant was not liable to plaintiffs.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 245, Oct. T., 1958, from order of Court of Common Pleas No. 7 of Philadelphia County, in case of Andrew Farley et al. v. Sley System Garages, Inc. Order affirmed.
Same case in court below: 13 Pa. D. C. 2d 680.
Trespass for personal injuries. Before WEINROTT, J.
Compulsory nonsuit entered as to defendant owner of car; verdicts, for plaintiff Farley in the sum of $3500, and for plaintiff Thompson in the sum of $1000, against defendant parking lot; defendant's motion for judgment n.o.v. granted, opinion by ALESSANDRONI, P.J. Plaintiffs appealed.
Irwin N. Rosenzweig, for appellants.
Ralph S. Croskey, with him Norman R. Bradley, for appellee.
Argued June 12, 1958.
The order of the court below granting the motion for judgment n.o.v. and entering judgment for defendant is affirmed on the opinion of President Judge ALESSANDRONI of the Court of Common Pleas of Philadelphia County, as reported in 13 Pa. D. C.2d 680.