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SARBOV PARKING CORP. v. MOTORS INSURANCE CORP.

No. 4417.

255 A.2d 112 (1969)

SARBOV PARKING CORPORATION, Appellant, v. MOTORS INSURANCE CORPORATION, Appellee.

District of Columbia Court of Appeals.

Decided June 30, 1969.

Attorney(s) appearing for the Case

Pierre E. Dostert and Samuel C. Borzilleri, Washington, D.C., for appellant.

Holbrook L. Potter and Hugh Lynch, Jr., Washington, D.C., with whom Anthony Paul Flask, Washington, D.C., was on the brief, for appellee.

Before KELLY, FICKLING and GALLAGHER, Associate Judges.

GALLAGHER, Associate Judge:

This is an appeal from a judgment for the subrogated plaintiff after a trial without a jury in a negligence action arising from a theft of the transmission from a car owned by plaintiff's insured while on a commercial parking lot. The insured, Harry B. Erb, entered appellant's parking lot one evening, took a claim check from an automatic machine, and parked his car about 100 feet from the attendant's office, in a well-lighted area.

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