St. Paul Fire & Marine Insurance v. Chas. H. Lilly Co.

(dissenting)—The property was destroyed through no fault of the bailee. The contract between the parties provides that the bailee will

“ . . . return to First Party [bailor] the same in good mechanical condition, save and except the usual wear and depreciation as may be caused by reasonable use and wear thereof ...”

Does this mean that a bailee is liable as an insurer of personal property regardless of what happens to it? I do not think so.

I recognize that the authorities are divided on this question; but I believe that the weight of authority and the more persuasive decisions of appellate…