Hight Accessory Place v. Lam
Court of Appeals of Georgia
Action for damages; from city court of Floyd county — ¿Tudge Wright presiding. March 2, 1920. Application for certiorari was denied by the Supreme Court. An automobile of O. C. Lam was destroyed by fire while stored and awaiting repairs in the garage of Hight Accessory Place, a corporation engaged in the business of repairing automobiles and employed by the owner to repair this automobile.
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Action for damages; from city court of Floyd county — ¿Tudge Wright presiding. March 2, 1920. Application for certiorari was denied by the Supreme Court. An automobile of O. C. Lam was destroyed by fire while stored and awaiting repairs in the garage of Hight Accessory Place, a corporation engaged in the business of repairing automobiles and employed by the owner to repair this automobile. He sued the corporation for damages in a sum alleged to be the value of the automobile, alleging that the defendant was negligent in that the fire caught from a vulcanizer operated by electricity and…
1Opinion of the CourtLuke, J.
1. In all cases of bailment, after proof of loss, the burden of proof is on the bailee to show proper diligence. Civil Code (1910), § 3469. Therefore, where property is delivered to a bailee who holds it for hire, and in a suit by the bailor it is pleaded that because of the negligence of the bailee the property so delivered has been destroyed by fire, upon proof of the allegations laid in the petition the onus is placed upon the bailee of showing that he exercised due care and diligence in protecting and keeping the property. McDonald v. Hardee, 22 Ga. App. 96 (95 S. E. 320), and case…
2Cases cited4 opinions
- Morris Storage & Transfer Co. v. WilkesCourt of Appeals of Georgia · 1907
- Park v. SwannCourt of Appeals of Georgia · 1917
- Scoggins v. StateCourt of Appeals of Georgia · 1919
- McDonald v. HardeeCourt of Appeals of Georgia · 1918
3Cited by8 opinions
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
- Prettyman v. Hopkins Motor Co.West Virginia Supreme Court · 1954
- Richter Bros. v. Atlantic Co.Court of Appeals of Georgia · 1938
- Cordell Ford Co. v. MullisCourt of Appeals of Georgia · 1970
- AAA Parking, Inc. v. BlackCourt of Appeals of Georgia · 1964
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