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VAN GILDER v. CITY OF MORGANTOWN

No. CC746.

68 S.E.2d 746 (1949)

VAN GILDER v. CITY OF MORGANTOWN.

Supreme Court of Appeals of West Virginia.

Decided May 24, 1949.

Dissenting Opinion February 4, 1952.

Attorney(s) appearing for the Case

Ezra E. Hamstead, Hale J. Posten, Morgantown, for plaintiff.

H. William Largent, Morgantown, for defendant.

KENNA, Judge.

This action of trespass on the case in assumpsit was brought in the Circuit Court of Monongalia County by L. J. Van Gilder against the City of Morgantown, seeking a recovery of the value of an airplane destroyed by fire in a hangar at the municipal airport of that city. The alleged cause of action is based upon the breach of a contract of bailment for hire pursuant to which the plaintiff-bailor paid to the City of Morgantown as bailee a monthly rental...

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