Bryan v. . Fowler
Supreme Court of North Carolina
Civil aotion, for damages arising from burning plaintiff’s cotton, tried before his Honor, Judge Clarke, at the Eall Term, 1873, of Pamlioo Superior Court. All the facts necessary for an understanding of the case as decided, are fully set out in the opinion of the Court. Tbe jury returned a verdict for the defendants. Judgment in accordance therewith and appeal by the plaintiff.
1Opinion of the CourtReade, J.
The plaintiff stored bis seed cotton in the gin house of the defendants, to be by them ginned at a convenient time, and the gin house and cotton were destroyed by fire. This was a bailment for the mutual ‘benefit of bailor and bailee, and the liability of the bailee is for ordinary care. 2 Parson on Con., p. 139.
Ordinary care is that degree of it which an ordinarily prudent person would take of his own. Heathcock v. Pennington, 11 Ire. 640.
It did not appear how the fire originated or what was the cause of it, and the plaintiff insists that proof of the destruction of the cotton by fire is…
2Cited by3 opinions
- Welch v. New Harper Hotel Co.Appellate Court of Illinois · 1915
- Poe v. Southern Railway Co.Supreme Court of Alabama · 1916
- Hanson v. N.C. Dept. of Trans.North Carolina Industrial Commission · 2003