Scellars

Scellars v. Universal Service Everywhere

Good Law
1924 Cal. App. LEXIS 187·68 Cal. App. 252·228 P. 879
Court of Appeal of CaliforniaJuly 26, 1924Civ. No. 3956.California1,437 words

Opinion

Lead Opinion

Craig, J.

The defendant corporation appeals from a judgment for damages and from the order denying its motion for a new trial, upon the ground of insufficiency of evidence to sustain the findings and judgment of the trial court.

Appellant conducted an automobile washing and cleaning business in the city of Los Angeles, and on May 27, 1920, respondent drove his Cadillac automobile from his residence to appellant’s stand, a distance of about ten blocks, where he delivered it to one Carr, an employee of appellant, and ordered it washed. Respondent returned in about two hours for the ear, when he was told by said employee that it was broken. Carr handed respondent a small “wrist-pin” which he stated that he had found in the pan underneath the machine, and upon investigation by an expert it was found that the crank-case was broken in three places; that the connecting-rod had broken and gone down inside, tearing out the rocker-plate around the cam-shaft, necessitating repairs which cost $738.78.

It was alleged in the complaint that prior to said washing the machine was of the reason-able market value of $4,300, and that while in possession of defendants the latter so carelessly, negligently,…

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