Hornor Transfer Co. v. Abrams
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; The oral instruction given by the court made the defendant the absolute insurer of the safety of the goods stored, regardless of what may have happened to them, and regardless of the degree of care and diligence exercised by it, which was error. 134 Ark. 76 lays down the rule that “a bailee for hire in exclusive possession of the property must explain its loss before it devolves upon the bailor to show that it was…
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; The oral instruction given by the court made the defendant the absolute insurer of the safety of the goods stored, regardless of what may have happened to them, and regardless of the degree of care and diligence exercised by it, which was error. 134 Ark. 76 lays down the rule that “a bailee for hire in exclusive possession of the property must explain its loss before it devolves upon the bailor to show that it was lost through the bailee’s negligence.” The loss of the property was explained as having been stolen, and it thereupon…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the plaintiff, Mrs. Abrams, against the defendants, Hornor Transfer Company, a copartnership, to recover the value of certain articles of per&onal property alleged to have been received from the plaintiff by the defendants at their warehouse and which were, not returned on demand. The defendants in their answer denied that they were engaged in the business of operating a warehouse or that they received plaintiff’s property in that capacity, and denied that the property was lost by reason of any negligence on the part of the defendants.
There was a sharp conflict…
2Cases cited2 opinions
- Bertig v. NormanSupreme Court of Arkansas · 1911
- Phoenix Cotton Oil Co. v. Pettus & BufordSupreme Court of Arkansas · 1918
3Cited by5 opinions
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
- Prettyman v. Hopkins Motor Co.West Virginia Supreme Court · 1954
- National Garages, Inc. v. BarrySupreme Court of Arkansas · 1950
- Huckins Hotels v. SmithSupreme Court of Arkansas · 1921
- LaFayette Hotel Co. v. Gordon & FergusonSupreme Court of Arkansas · 1963