Rich's Inc. v. Empire Gold Buying Service Inc.

The only allegation of negligence in the petition is that Bich’s Inc. failed to declare the full value of the goods to the express company. It is not alleged that Bich’s Inc. was otherwise negligent or that the express company was negligent. It follows that on proof of loss of the goods no presumption arose that the goods were lost because of any negligence other than that alleged; and if the negligence alleged is not sufficient to establish the liability of the bailee, there is no presumption at all from the proof of the loss of the goods. In the absence of special contract, or a usage of…