AAA Parking, Inc. v. Black

Hall, Judge.

Code § 12-103 requires bailees “to exercise care and diligence in protecting and keeping safely the thing bailed.” Code § 12-104 provides that “after proof of loss, the burden of proof is on the bailee to show proper diligence.” The bailor, “setting up a breach of the duty may elect as to his remedy, and rely upon either his right under the contract or proceed for damages as in a case of tort.” Parker Motor Co. v. Spiegal, 33 Ga. App. 795, 796 (127 SE 797).

Where the bailor elects to proceed in an action in tort, is he required, as against a special demurrer, to allege specific…