The GRAY EAGLES, INC. v. Lucchesi

Plaintiff instituted this action for damages to its airplane, piloted hy defendant, resulting from an emergency landing. Plaintiff based its case on two theories of recovery; one in negligence and the other in bailment. The jury returned a verdict of no cause of action.

Plaintiff claims the trial court erred in its instructions as to its bailment theory. Neither party disputed that the bailment was for the mutual benefit of both parties and in such a case in the absence of a contractual duty to the contrary, a bailee is liable only for ordinary negligence. Godfrey v. City of Flint (1938), 284…