Filson v. Pacific Express Co.

Citations

• 84 Kan. 614
• 114 P. 863
• 1911 Kan. LEXIS 380

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bailments — Negligence—Question of Law or Fact. In cases of bailment the degree of diligence or 'care required is a question of law for the court, but whether the bailee has exercised due care is a question for the jury, except in cases where but one reasonable inference can be drawn from the undisputed facts.</p> <p>2. --— Negligence of Bailee and Proximate Cause of Theft a Question of Fact. The owner of an express package failed to call at the express office for it and the agent of the express company placed it in the company’s office, which was located in a railroad depot consisting of a frame building, the doors and windows of which were locked. The depot had been used for years for depositing freight and express matter. It was entered during the night by a burglar breaking the glass of one of the windows, and the package with its contents was stolen. The package was a canvas-covered telescope containing moving-picture films. It weighed fifty-five pounds and was valued at $600, and the value was marked on the outside of the package in plain figures. In an action to recover against the company for its loss it was conceded that the liability of the company was that of a warehouseman. Held, that it was a question for the jury to determine from ■all the evidence and circumstances whether the express company failed to exercise ordinary care, and whether such failure was the proximate cause of the loss.</p>