Legal Opinion

Neilson v. Phillips

Supreme Court of Colorado

Decided June 6, 1921No. 10,061Published

Action to recover the value of personalty left with defendant for repair. Judgment for plaintiff. Error to the District Court of the City and County of Denver, Hon. John T. Shumate, Judge.

1Opinion of the CourtJustice Allen

This action is brought to recover the value of a seal skin coat and two fur neck scarfs, delivered by plaintiff to defendant for repair, which, it is alleged, defendant refused and neglected to return to plaintiff.

The answer denies negligence and sets up that defendant was deprived of possession of the coat by a burglary and larceny, without fault on the part of the defendant.

There is no controversy over the proposition that a bailee is not liable for the loss of bailed property resulting without his negligence, from robbery, burglary or theft. The plaintiff rests her case upon the…

2Cases cited1 opinion

  1. Grant v. MillerAppellate Terms of the Supreme Court of New York · 1916

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