Russell v. Kœhler

Citations

• 66 Ill. 459

Syllabus

<p>1. Bailment-degree of care required of baiZee. A bailee taking a car. riage to repair for pay, is only held to the exercise of ordinary care, as the contract in such case is one of mutual benefit, and where such car. riage is destroyed by a fire which no ordinary prudence could guard against or prevent, the bailee will not be responsible for the loss, even though he was detaining the same for indebtedness of the owner to him.</p> <p>2. Ordinary care defined. Ordinary care is such care as a person of ordinary caution would exercise in regard to the property.</p> <p>3. Bailee&emdash;when possession by will be presumed to be assented to by owner. Where the bailee of a carriage, taken to be repaired, claimed the right to retain its possession as security for an indebtedness of the owner to him, and while in his possession it was destroyed by fire, without fault on the part of the bailee, it was held, that as the owner could have regained possession by tendering the amount due for repairing, and failed to do so, the jury had the right to presume that the continued possession of the bailee was with the consent of the owner, and consequently the latter could not recover for the loss.</p>