John J. Connolly for defendant.
Jeanette R. Haarman for plaintiff.
guilt, in preference to the guilt of any of the others, remained, after the proof was given, to justify a verdict against the defendant. Moreover, the defendant was not chargeable upon the theory that he negligently gave out keys. The plaintiff was cognizant of the fact and consented to the arrangement which was in part for his own convenience." So, here, no inference of the defendant's guilt can be made from the facts proven in the case. The plaintiff was well aware when he entered into the arrangement with defendant that there would be no supervision of the garage by defendant and that others would be given keys to the garage with the same rights as plaintiff enjoyed. He acquiesced in same. It was an arrangement as much for plaintiff's convenience as any of the others. No negligence on defendant's part has been shown. At the close of the plaintiff's case the defendant moved to dismiss the complaint on the grounds that the plaintiff had failed to show any negligence on the part of the defendant. I reserved decision on the motion. After defendant rested, it renewed in its motion, and I again reserved decision. I now grant the motion for the reasons set forth above.