DocketNumber: File No. 188
Judges: PARSKEY, J.
Filed Date: 7/30/1976
Status: Precedential
Modified Date: 2/28/2018
The limited issue which is dispositive of this appeal is whether the trial court was justified in finding that the plaintiff had abandoned her personal property.
The facts as found by the trial court may be summarized as follows: The plaintiff was a tenant of an apartment rented to her by the defendant. In August, 1973, the plaintiff and her children were required to vacate the apartment which was in urgent need of redecorating because its physical condition was a health hazard to the plaintiff's children. When the plaintiff moved from the apartment she took some of her possessions and some of her children's possessions, but she left behind many items and belongings. Among the items left behind were dishes, silverware, children's clothing, four winter coats, three bureaus, a table and chairs, a radio, and a tool set. The defendant inspected the apartment, found the place "in a mess" and concluded that the items remaining were abandoned junk. The defendant's workers removed the items from the apartment and placed them in a pile in the yard where they were left unprotected and exposed to rain. Subsequently, the property was removed to the junk yard by order of the police. The court found that the plaintiff had abandoned the personal property she left in the apartment. *Page 734
Abandonment implies a voluntary and intentional relinquishment of a known right. Bianco v. Darien,
The plaintiff is entitled to a judgment because of the conversion of her property. A new trial will be necessary to assess damages. Staub v. Anderson,
There is error, the judgment on the complaint is set aside and the case is remanded with direction to render judgment for the plaintiff to recover such damages as she may prove on a new trial limited to the issue of damages.
In this opinion D. SHEA and SPONZO, Js., concurred.