Moon v. First Nat. Bank of Benson

Opinion by

Me. Justice Feazee,

Plaintiff sued to recover the value of- securities belonging to him and stolen by burglars from his safe-deposit box in defendant’s bank. The liability of defendant was based on the theory of negligence in failing to exercise due care, as bailee for hire, to provide a reasonably safe place for keeping plaintiff’s property. The jury found for plaintiff and from judgment entered on the verdict defendant appealed.

Plaintiff was a depositor in defendant’s bank and, previous to the burglary, rented one of its safe-deposit boxes in which he kept various papers, bonds,…