In May, Patricia Allen left her automobile on the shoulder of a road in the city of Erehwon after the car stopped running.

A member of the Erehwon city police department found the car later that day and placed on it a sticker stating that unless the car was moved, it would be towed. When after a week the car had not been removed, the police department authorized Baldwin Auto Wrecking Co. to tow it away and to store it on its property.

Allen was told by a friend that her car was at Baldwin’s. Allen asked Baldwin to allow her to take possession of her car, but Baldwin refused to relinquish the car until the $70.00 towing fee was paid. Allen could not afford to pay the fee, and the car remained at Baldwin’s for six weeks. At that time, Baldwin requested the police department for a permit to dispose of the automobile. After the police department tried unsuccessfully to telephone Allen, the department issued the permit. In late July, Baldwin destroyed the automobile. Allen brings an action against the city and Baldwin for damages for loss of the vehicle, arguing that she was denied due process. Decision?