2 Mass. App. Ct. 805 | Mass. App. Ct. | 1974
The defendant appeals from an order of the Appellate Division dismissing the report in an action in contract or tort to recover the value of an automobile stolen from the defendant’s public parking garage at Logan International Airport. The automobile was leased by the plaintiff to one Wolfe who had parked it in the garage and locked it. The count in contract was waived (see Fairfield’s Motors, Inc. v. Fitz-Inn Auto Park, Inc. 1 Mass. App. Ct. 833, 834 [1973], where no recovery was allowed in contract for a lessor who was not a party to his lessee’s contract for bailment). The action in tort is based upon the defendant’s alleged negligent failure to safeguard the automobile against theft. The judge in the Municipal Court of the City of Boston entered a finding for the plaintiff and reported his admission of certain evidence and his denial of certain rulings to the Appellate Division. It was within the trial judge’s discretion to admit testimony by a police officer assigned to the airport as to the number of automobiles stolen from the defendant’s garage during the month of the theft and during prior months. It was relevant to show that the condition in which the garage was
Order dismissing report affirmed.