Agriculture Insurance Co. v. Constantine

144 Ohio St. 275, 58 N.E.2d 658 (1944)

Facts

Bova parked her car at Constantine's (D) Allerton Parking lot. When Bova returned for her car a few hours later, it was not to be found. It was found three days later with $200 in damage and returned to Bova. Agriculture Insurance Co. (P) paid Bova $154.69 under Bova's insurance policy and P subrogated against D and sued for the amount paid. The ticket that Bova was given disclaimed D's liability for such incidents. At trial, the court granted D's motion for directed verdict. P appealed. The Court of Appeals reversed. D appealed.