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SEWALL v. FITZ-INN AUTO PARKS, INC.

3 Mass. App. Ct. 380 (1975)

330 N.E.2d 853

DONALD F. SEWALL vs. FITZ-INN AUTO PARKS, INC.

Appeals Court of Massachusetts, Suffolk.

July 15, 1975.

Attorney(s) appearing for the Case

Edward M. Perry for the plaintiff.

Thomas E. Clinton for the defendant.

Present: ROSE, KEVILLE, & ARMSTRONG, JJ.

ARMSTRONG, J.

The plaintiff seeks recovery of the value of his automobile, which was left by him on the defendant's parking lot early on the morning of April 15, 1970, and was gone when he returned for it early that evening, it having apparently been stolen by an unidentified third person. The declaration is in two counts, one based on a theory of breach of the defendant's contractual duty to safeguard the automobile and the other based on principles of ordinary negligence...

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