Deloach v. Automatic Transmission & Brake Shop, Inc.

Bell, Judge.

The basic question to be decided is whether the trial court erred in granting the defendant’s motion for judgment notwithstanding the verdict. The plaintiff based her action upon Code § 12-104, which provides that in all cases of bailment, after proof of loss, the burden of proof is on the bailee to prove proper diligence. This statute has been applied in several cases and interpreted as meaning that after the bailor proves the bailment and that there was loss to the property bailed, the burden is then placed upon the bailee to show that he exercised proper diligence according to…