Gray v. EJ Longyear Company

HENSLEY, Chief Judge, Court of Appeals

(dissenting).

The issues presented in this type of controversy have caused much trouble in the courts and there is no unanimity of opinion. Generally, a bailor has the choice of bringing his action against the bailee in trover for conversion, in assumpsit on breach of contract, or in tort for negligence. When suing in tort for negligence after a delivery to the bailee and a subsequent failure to return is alleged and shown then a presumption of negligence arises and it devolves on the bailee to rebut the prima facia case and show that the failure to return…