Rhodes v. Turner

On Motion for Rehearing

BROWN, Justice.

The majority are convinced that we should follow the rule established by the Federal Courts and more than one-half of the State Courts of America.

In this case the property was delivered to the bailee to be kept by him and redelivered to the bailor for certain hire and reward. When the bailee failed to redeliver the car upon demand, the burden then rested upon him to explain his failure to return the property, and that such failure was not occasioned by his negligence.

See Vol. 8, C.J.S., Bailments, page 341, § 50 subsec. b, and footnote 78, in which are…