Ridgely Operating Co. v. White

On Rehearing.

POSTER, Justice.

It is well understood that the general rule is that, to constitute a bailment, there must be an acceptance of possession of the property, which implies knowledge by the bailee that he takes and assumes possession, and his dominion must ordinarily be exclusive. But that principle is consistent with the further rule of law by which, when a certain relation is voluntarily assumed, acceptance of the possession of certain property may be construed to exist, though there is no actual knowledge of the items of such property. This is illustrated by the principle which…