St. Paul Fire & Marine Insurance v. Chas. H. Lilly Co.

On Rehearing

Finley, J.

The facts involved are adequately set forth in the opinion previously filed in this matter on June 30, 1955, which appears in 46 Wn. (2d) 840, 286 P. (2d) 107.

*529In a simple bailment which is for the mutual benefit of both bailor and bailee, where the parties do not contract explicitly or by inference respecting damages, loss, or destruction of the bailed property, the rule is that a bailee who is without fault is not liable for damages to the bailed property or for its loss or destruction. The risk or loss in such cases falls on the bailor. There is no split of authority…