Roberts v. Mitchell Bros. Truck Lines

*121TONGUE, J.

This case is an action at law for damages for breach of a bailment contract by failure of defendantbailee to return a portion of the bailed property to plaintiff-bailor. The jury returned a verdict for plaintiff in the amount of $65,000. Defendant appealed to the Court of Appeals by two assignments of error which related solely to the failure of the trial court to instruct the jury that a finding of negligence on the part of defendant was a necessary prerequisite to defendant’s liability for the property lost.

The Court of Appeals held that the instructions requested by defendant…