Colburn v. Washington State Art Ass'n

Citations

• 80 Wash. 662
• 141 P. 1153
• 1914 Wash. LEXIS 1353

Syllabus

<p>Bailment—Loss of Goods—Liability of Bailee. Where goods are placed on exhibition in defendant’s museum at defendant’s request, and the evidence fails to show that they were placed there under a contract amounting to a warranty for their return, the transaction is a bailment for the mutual benefit of both parties, hence the defendant is bound to exercise ordinary diligence only, and is liable accordingly in the event of loss or damage to the goods.</p> <p>Same—Negligence—Evidence—Sufficiency. In such case, the evidence is insufficient to show negligence of the bailee in guarding against loss of the goods by theft, where the articles exhibited were placed in the museum for the mutual benefit of the parties, the plaintiff himself directing and assisting in arranging the exhibit, and, upon objecting to the manner of securing the show case in which the articles were placed, finally consented to the use of wire fastenings instead of a padlock, being told that the method employed was equally as safe and that a watchman was employed, and it was further shown that the plaintiff visited the museum and saw his goods several times prior to the theft, and that he was free to remove them at any time he desired.</p> <p>Bailment—Loss of Goods-—Negligence—Burden of Proof. In an action to recover for loss of articles placed in defendant’s care for exhibition purposes, there is a presumption of negligence from their loss, but where the bailee shows the loss to have resulted by theft of third parties, he thereby meets the prima facie case against him for failure or refusal to deliver the articles, and the burden of proof as to his negligence then rests upon the plaintiff.</p> <p>Same—Negligence—Assumption oe Risk. The plaintiff cannot recover from a bailee for the loss of goods by theft, on the ground that permission was denied him to put a padlock on the case in which the goods were kept, where it was shown that he voluntarily placed and left them there for exhibition, and knew the