Real Good Food Store, Inc. v. FIRST NAT. BK. OF Or.

O’CONNELL, J.,

specially concurring.

I concur in the result but disagree with the court’s reasoning. The majority opinion holds that a bailment relationship is created at the time the deposit bag enters the vault and that the exculpatory clause is ineffective beyond that point. It relies upon the inability of a bailee for hire to exculpate by contract its *1066liability for negligence where the bailee is "charged with a duty of public service.”

In the recent case of K-Lines, Inc. v. Roberts Motor Co.., 273 Or 242, 541 P2d 1378 (1975), we upheld a limitation of liability provision contained in a sales…