Hogan v. O'Brien

In bailment there can be no liability on the part of the bailee unless there is negligence. Negligence must be proven. The burden is on the plaintiff to prove it, and the burden never shifts. This is elementary. If the plaintiff proves that he delivered the property to the defendant and afterwards made demand for it and the defendant failed to deliver it back, the courts, in such an instance, have laid down a rule that the plaintiff has made a prima facie case and may rest. The defendant is then called upon to explain his failure to deliver. But this doctrine in no manner affects the merits.…