Johnson v. Willey

We will refer to the parties by name. John Willey was the plaintiff in the trial court, wherein he brought suit against Johnson for fire damage to his truck-tractor and trailer.

Willey in his complaint alleged that his equipment came into the possession of Johnson through one of Johnson’s agents, an employee, “by reason of a bailment for hire.” On the trial the evidence was that the bailment was for the benefit of the bailee. Since in law the duty to return bailed property in an undamaged condition is the same whether the bailment is for hire or for the benefit of the bailee, this discrepancy…