Legal Opinion · Concurring in part, dissenting in part

Federal Compress & Warehouse Co. v. Swilley

Mississippi Supreme Court

Decided February 1, 1965No. 43180Published

1Concurring in part, dissenting in partPatterson, J.

I dissent from the opinion of the majority as it is my opinion that the relationship between Brent and the Gin was that of a gratuitous bailment with the attendant duty of the gratuitous bailor to warn the bailee of any known defects in the bailed chattel. I concur in the result as to Compress.

In regard to the former, I note that Brent was an independent electrical contractor; that he was hired by Compress to repair the defective hoist; that he was to be paid by Compress on a labor and material basis, as he had been paid in the past, for the performance of specific tasks. He was a business…

2Cases cited10 opinions

  1. Clark v. Luther McGill, Inc.Mississippi Supreme Court · 1961
  2. Minicozzi v. Atlantic Refining Co.Supreme Court of Connecticut · 1956
  3. McNeal v. GreenbergCalifornia Supreme Court · 1953
  4. Williamson v. InzerMississippi Supreme Court · 1960
  5. Rincicotti v. John J. O'Brien Contracting Co.Supreme Court of Connecticut · 1905

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