METZGER v. DOWNTOWN GARAGE CORP.


169 Pa.Super. 384 (1951)

Metzger v. Downtown Garage Corporation, Appellant.

Superior Court of Pennsylvania.

July 19, 1951.


Attorney(s) appearing for the Case

Horace Michener Schell, for appellant.

Frederick L. Fuges, with him Frederick B. Estergren, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, ARNOLD and GUNTHER, JJ. (DITHRICH, J., absent).


OPINION BY ARNOLD, J., July 19, 1951:

Plaintiff sued in assumpsit to recover damages to his motor vehicle which he had placed in a parking lot owned and operated by defendant. He paid the required consideration and received the customary receipt. The person in charge of the parking lot was an employe and agent of the defendant, a corporation. This employe, acting beyond the scope of his authority and without the consent of the plaintiff, took the car from the parking...

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