London Guarantee & Accident Co. v. Enterprising Services, Inc.

MYERS, Associate Judge.

Filderman Corporation, trading as Todd’s Discount Store, entered into a bailment contract with appellee, hereinafter referred to as E.S.I., for the storage of certain property. The latter’s warehouse was burglarized and radios belonging to Todd’s were stolen. Appellant, insurer for Todd’s, paid the loss and, as subrogee under its policy, brought this action against E.S.I. to recover the amount paid.

The case proceeded to a jury trial basically on the issues framed at pretrial' — whether the loss occurred as a result of the carelessness or negligence of E.S.I. At the…