Gingerbread Man Co. v. Schumacher

Citations

• 35 Pa. Super. 652
• 1908 Pa. Super. LEXIS 99

Syllabus

<p>Bailment — Bailment for mutual benefit — Degree of care — Injury to goods — Affidavit of defense.</p> <p>Where a bailment is for mutual benefit, the bailee is held to the exercise of ordinary care in relation to the subject-matter thereof, and is responsible only for ordinary negligence. He is not liable if the subject-matter of the bailment has been injured by accident or some other means wholly without his default.</p> <p>In an action to recover the value of theatrical costumes delivered to the defendant to be cleaned, and not returned by him, an affidavit of defense is sufficient which avers that the defendant employed a competent man to do the work, that the process employed was the best known to the trade; that special care was used; that notwithstanding that every care and precaution was taken in the handling and cleaning of the costumes, the materials used in cleaning were in some unaccountable way ignited, and a fire resulted, destroying some' of the costumes and damaging others, and that an offer was made to the plaintiff to repair the damaged goods, and put them in as good condition as before, but that plaintiff refused such offer.</p>