District of Columbia Court of Appeals November 16, 1943, No. 136 (Doggett v. King ex rel. Fidelity Phoenix Fire Ins.)

RICHARDSON, Chief Judge.

This action was for damages to appellee’s automobile stolen from a parking lot operated by appellant. Plaintiff had judgment in a trial by the court, from which defendant has appealed.

Plaintiff had parked his car on defendant’s lot for about five years. He had signed an “Automobile Storage Agreement”, terminable on notice, the pertinent parts of which follow:

“1.