Beetson

Defendant prosecutes this appeal from a judgment awarding plaintiff damages, claimed to have been sustained in connection with the disappearance of and damage to plaintiff’s automobile while left with the defendant.

The evidence showed that on the night of March 1, 1925, the plaintiff, a member of the defendant club, drove his automobile into a parking place provided for that purpose and operated by the defendant, and delivered the car to an employee of the defendant, who was the attendant in charge. The keys for the car were left therein. At the time of delivering his car the plaintiff signed a slip required for that purpose by the defendant, and the same was retained by the attendant. For this parking service, defendant charged the plaintiff fifteen cents.

On returning about an hour later for his car, plaintiff learned that the same had disappeared and that the parking place had been left without any attendant.

The evidence further disclosed that it was the custom of the attendant, on leaving the parking place, to remove the keys from all of the automobiles and deposit the same in the defendant’s office, where they would be obtained by the respective owners as they called for…