Mehesy

This is an action for damages. Defendant, as its name implies, operates what is known as a public garage. Plaintiff engaged defendant to keep his automobile in its garage when the car was not in use, plaintiff to pay a monthly storage charge or fee for the service to be rendered. The obligation of defendant under the contract between the parties is shown by the uncontradieted testimony of plaintiff, as follows: “I told him,” an employee of defendant, “that I wanted the car left there and no one except myself or my wife or anyone that she brings in to drive the car for her when I am not there— ... I didn’t want anybody else to use that ear while I was not using it unless authorized by Mrs. Mehesy or someone with her. I made that statement to Mr. Wooten,” the employee. On a cer tain occasion, one Baker, a night man then in sole charge of the garage, permitted one Kohler to take the car from the place. It was damaged before its return to the garage, and it was to recover for this damage that the action was commenced. Plaintiff had judgment, and defendant appeals.

[1] The first point made by appellant is that the evidence was insufficient to support a finding of the trial court to…