
    Edward F. Juska, Appellant, v. Hotel Garage Annex, Inc., Respondent.
    Supreme Court, Appellate Term, First Department,
    January 13, 1943.
    
      Jacob S. Spiro for appellant.
    
      Irving Koondel for respondent.
   Per Curiam.

Proof of failure to return part and proof of damage to another part of the bailment delivered to defendant under contract established a prima facie case. As defendant did not show due care and that the failure to return and the damage occurred through a cause beyond its control, the complaint should not have been dismissed.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Hammer, Miller and McLaughlin, JJ.  