Duffy's Garage v. Sweeley

Citations

• 66 Pa. Super. 583
• 1917 Pa. Super. LEXIS 321

Syllabus

<p>Bailment — Injury to property while in bailee's possession — Burden of proof — Evidence. '</p> <p>Where property is injured while in the possession, of the bailee, the burden of proof is upon the bailor to prove that the injury was caused by the negligence of the bailee, but the latter is bound to give some account of how the injury occurred so that the bailor may be able to test the accuracy of the bailee’s report.</p> <p>In an action to recover for labor spent in repairing an-automobile, the plaintiff, is entitled to maintain a judgment on a verdict in his favor where it appears that he repaired an automobile and returned it to defendant, that on its trial run it ran, at first, all right, but on the return, the casing broke, and the machine was returned to the shop of the plaintiff, that the latter took it apart, sent for defendant, showed him the broken parts, gave him an opportunity of inquiry and inspection, and offered to do the work necessary to repair the damage, which was declined, and that defendant took away the car and had the work'done by another.</p>