Patterson v. Wenatchee Canning Co.

Citations

• 53 Wash. 155
• 101 P. 721

Syllabus

<p>Warehousemen — Bailment—Construction of Contract — Trial— Question of Law. Under an agreement reciting that the defendant rented to the plaintiff a certain cold storage room to be used for storing beef, for a certain sum per month or in proportion to space used, the relationship of the parties is that of bailor and bailee, and is to he determined by the court as a matter of law; and it is misleading and error to submit to the jury the question whether the relation was that of landlord or warehouseman, although such relations were properly defined.</p> <p>Warehousemen — -Bailment—Liabilities—Presumption of Negligence. In an action against a cold stbrage company for negligence in the storage of beef, there is no presumption of negligence from the fact that the beef was received in good condition and had spoiled when delivery was made; since from the nature of the chattel it may deteriorate or perish without negligence on the part of the bailee.</p> <p>Same — Damages—Measure—Injury to Property. The measure of damages for negligence by a bailee for hire in the storage of beef is to be determined by the fair market value of the beef at the time it was sold when the bailment ended, and not at the time at which plaintiff intended to sell it.</p>