Union Stone Co. v. Wilmington Transfer Co.

Citations

• 28 Del. 59
• 5 Boyce 59
• 90 A. 407
• 1914 Del. LEXIS 10

Syllabus

<p>1. Bailment—Care and Use of Property—Negligence of Bailee. The degree of care to be used by a bailee to prevent loss or injury to the property intrusted to him is such care as an ordinarily prudent man would under such circumstances use.</p> <p>2. Bailment—Actions Between Bailor and Bailee—Burden of Proof.</p> <p>Though ordinarily a failure of duty will not be presumed, yet where property, the subject of a bailment, is damaged by the bailee while in his exclusive custody, it is incumbent upon him to satisfy the jury that the injury was not occasioned by his default or neglect.</p> <p>3. Carriers—Care of Property—Exclusive Control.</p> <p>Defendant, a transfer company, contracted with plaintiff to move a stone planer; defendant to have the use of plaintiff’s traveling crane to load the planer on the dray. While so loading, the traveling crane fell, due to the spreading of the tracks upon which it ran. Held, that defendant was liable if the removal of the planer and the use of the crane was under its exclusive control at the time of the accident, in the absence of any assumption of the responsibility upon the part of plaintiff; but if plaintiff guaranteed the sufficiency of the crane, or induced plaintiff to believe that it would safely lift and carry the planer, it was not.</p> <p>4. Bailment—Actions Between Bailor and Bailee—Damages.</p> <p>In an action by a bailor against a bailee for injtuy to property while in his possession, the measure of damages was the difference between the value before and after the injury.</p>