Equity Mutual Insurance Company V‪.‬

Plaintiff brought this action to recover from defendant the amount paid under a policy of insurance it issued to one Marsh covering loss resulting from the theft of Marsh's automobile while it was parked upon defendant's lot. The trial court entered judgment for plaintiff and defendant appeals. There is no dispute as to the facts, the case having been tried upon an agreed statement. The parties also tacitly agree and tried this case upon the theory that if Marsh could have recovered then judgment must be for plaintiff. Some explanation of the general method of operation at defendant's parking lot is necessary to a full understanding of the issues here involved. Defendant operates the north parking lot at the municipal airport under a lease contract with the City of St. Louis, the owner of the property. This and another lot, also operated under contract by defendant, were the only parking facilities within one-quarter mile of the airport. A copy of the contract between the City and defendant was introduced into evidence. Paragraph 8(b) thereof specified defendant was to have a minimum of two station attendants and one parking lot supervisor on duty on the lot here involved at all times. Defendant was also required to have such other numbers of entrance and exit attendants on duty at all times as was necessary to provide an adequate quantity and quality of parking lot services to the ""traveling public"". It was stipulated that Marsh was one of the ""traveling public"".