Crocker-Wheeler Co. v. Chester Steel Castings Co.

Citations

• 73 Pa. Super. 119
• 1919 Pa. Super. LEXIS 185

Syllabus

<p>Bailments — Injury to property — Bights of tailor due to liatility of tailee.</p> <p>A bailee without hire must exercise only ordinary care in Safeguarding of the property committed to his charge. If the article be lost by theft, fire or otherwise, notwithstanding the exercise of ordinary care, the loss falls on the owner of the goods and not upon the bailee.</p> <p>The burden is upon the plaintiff to prove want of such ordinary care and in the absence of such proof a nonsuit is properly entered.</p> <p>Where the evidence established the fact that certain patterns had been committed to the charge of a foundry company, for the purpose of manufacturing certain articles in accordance with the requirements of the plaintiff, and that these patterns were afterwards destroyed by fire, while in the possession of another company, who was acting as agent for the original bailee, and there was no evidence that either party failed to exercise the ordinary care required in such circumstances, there can be no recovery.</p>