SWAIN v. HYMEL

No. 10384.

377 So.2d 888 (1979)

Gordon L. SWAIN v. Harold HYMEL.

Court of Appeal of Louisiana, Fourth Circuit.

November 8, 1979.


Attorney(s) appearing for the Case

Walton J. Barnes, II, Zachary, for plaintiff-appellant.

Victor E. Bradley, Jr., Norco, for defendant-appellee.

Before SAMUEL, REDMANN and SCHOTT, JJ.


SCHOTT, Judge.

Plaintiff has appealed from a dismissal of his suit for the value of his automobile which he claims was lost while stored with defendant. At issue is whether the evidence establishes that defendant was a depositary and that he carried the burden of proof to avoid liability for the loss of the automobile.

After plaintiff's automobile was heavily damaged in an accident on the Airline Highway in St. Charles Parish on September 9, 1972, the state...

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