Lucas v. Auto City Parking Co. Inc.

• Decision Date: 30 November 1948
• Docket Number: No. 710.,710.
• Citation: 62 A.2d 557
• Parties: LUCAS et al. v. AUTO CITY PARKING CO., Inc.
• Court: D.C. Court of Appeals

62 A.2d 557

LUCAS et al.

v.AUTO CITY PARKING CO., Inc.

No. 710.

Municipal Court of Appeals for the District of Columbia.

Nov. 30, 1948.

Appeal from The Municipal Court for the District of Columbia, Civil Division.

Action by John C. Lucas, Jr., and Jean P. Lucas to the use of herself and to the use of Fidelity and Guaranty Fire Corporation against Auto City Parking Company, Inc., for damages resulting from theft of an automobile belonging to Jean P. Lucas while on defendant's parking lot. From judgment allowing only $60 for damage done to the automobile and denying other claims, the plaintiffs appeal.

Affirmed.

Thomas S. Jackson, of Washington, D. C. (Louis M. Denit and A. Leckie Cox, both of Washington, D. C., on the brief), for appellants.

Allan C. Swingle, of Oklahoma City, Okl. (Edwin A. Swingle and Ernest A. Swingle, both of Washington, D. C., on the brief), for appellee.

Before CAYTON, Chief Judge, and HOOD and CLAGETT, Associate Judges.

CAYTON, Chief Judge.

This was a suit for damages resulting from the theft of an automobile from defendant's parking lot. Plaintiff Mrs. Jean P. Lucas claimed to the use of her insurance carrier the sum of $60 covering damages done to her automobile while in the hands of the thief. She also claimed in her own behalf $21.50 for the loss of a fountain pen from the automobile. Her husband John C. Lucas, Jr., claimed $155.50 for the loss of a medical bag and its contents which he had also left in the automobile. The trial judge allowed the $60 item and held the other items were not recoverable. Plaintiffs appeal.

Mr. and Mrs. Lucas were medical students at George Washington University, which is just across an alley from defendant's parking lot, on H Street, Northwest. Mr. Lucas testified that just before 4:00 p. m. on October 28, 1947, he drove his wife's authomobile into the alley adjoining the parking lot; that he had many times driven into this parking lot and was well known to the attendant; that in accordance with his usual custom, he drove into the alley and he and his wife got out of the car as they saw the parking lot attendant coming toward the car; that he left the keys in the car; that the attendant gave him no ticket because he was in a hurry, and, as was frequently the case, the two plaintiffs ran on into the school leaving the car for the attendant to park; that he left on the floor of the back seat a black medical leather bag containing medical instruments belonging to himself, and a fountain pen belonging to his wife; that when the door on the left side is opened, the rear seat floor is exposed so that it is readily visible to anyone getting into the car and that the black bag was readily visible; that he was accustomed to leaving articles of clothing, books, and his bag of medical instruments in the car when he drove into the lot, and that no one ever told him not to; that before this occurrence he had never seen any sign stating that the lot was not responsible nor had he seen any printed matter to that effect on the ticket; that he had many times received a ticket and usually did receive one, except when he was in an unusual hurry, as on the occasion in question; that he drove his car into this parking lot four or five times a week, and had done so for 18 months, during his attendance at the medical school; that he returned about 5:00 p. m. for his car, and it could not be found; that the attendant then gave him a parking ticket which was offered in evidence; that plaintiff noticed the time stamped on the bottom of the ticket that day, and had noticed the time stamped on the bottom of the ticket on a few previous occasions; and that the car was afterwards found in a slightly damaged condition.

The testimony of Mrs. Lucas was practically the same as that of her husband. She also testified that she had frequently left articles and medical instruments in the car; that she had never heard anyone connected with the lot object thereto or decline to accept responsibility therefor; that she had not seen a sign stating that the parking lot was not responsible for articles left in the car, nor had she seen any provision to that effect on the ticket.

Another witness who had also been a student at the same school testified that on many occasions he and others had driven into the lot and had left articles of clothing, books, and medical instruments in their automobiles; that never had any attendant at the lot said to him or to anyone else in in presence that the lot did not assume responsibility for the articles left in the car, and he had never noticed any sign or any printed provision on a ticket to that effect, and neither the sign nor any printed material on the ticket had ever been called to his attention by any employee of the defendant; and that the first time he ever saw any sign was after this case came to his knowledge and he happened to notice a small sign on the cashier's booth.

An attendant employed by defendant testified that on the day in question Mrs. Lucas brought the car into the alley ¹ and disappeared, and when he got to the car no one was there; that he did not see a black bag on the floor of the car and did not know it was there; that he took the car and parked it in the northwest corner of the lot facing the alley; that on the right hand side of the car there were iron posts which would prevent the car being taken out at the north end, but that it could be driven onto the alley and then north out to Eye Street without passing the cashier's booth; that he remembers moving the car at least once, at 4:00 p. m., to get another car out but that he put it back in the same place; that the car was taken without his permission and he did not know by whom; that he gave Mr. Lucas a ticket and reported the matter to the company. He testified that the cashier's window at the front or H Street side of the lot is so constructed that the cashier can see over the whole lot. He also testified as to a sign on the cashier's booth stating in part ‘Not responsible for articles left in car.'

More specific testimony as to this sign was given by defendant's manager who said that since March or April it had been on the north or front side of the cashier's booth where customers pay their fees; that it is 2 1/2 by 3 or 3 1/2 feet; that the top portion is in letters 3 inches high and reads ‘Cars left after closing hours will be locked and the keys will be available the next weekday morning at 8:00 a. m.’; that the lower portion is in letters about 2 inches high and reads ‘Not...