Kelley v. Capital Motors, Inc.

The Majority Opinion of the Court was delivered by

Circuit Judge Wm. FI. Grimbarr, Acting Associate Justice,

with Mr. Associate Justice Stukes filing a Dissenting Opinion. The Opinion of the Court follows :

This cause involves the degree of care required of a bailee for mutual benefit.

The action was commenced by the service of a summons and complaint on or about the 27th day of April, 1942, asking damages against the appellant by reason of its failure to deliver to respondent a certain automobile, the property of respondent, which had been left with appellant at its garage for repairs.

The record…