Schell v. Miller North Broad Storage Co.

Argued April 29, 1940. This is an action in assumpsit brought by a bailor against a bailee for hire for loss of goods stored in a warehouse and destroyed by fire. The ultimate question presented is one involving burden of proof and order of proof as applied to a case involving the law of bailments.

The plaintiff in his declaration averred the bailment, demand for the goods, and their destruction by fire. He based his claim for damages on the alleged failure of the defendant to maintain a fireproof building and to exercise reasonable care in keeping the goods entrusted to it, specifying the…