Falls v. . Goforth

Tbe appeal presents tbe question wbetber tbe facts bring tbe instant case witbin tbe principle announced in Beck v. Wilkins, 179 N. C., 231, 102 S. E., 312, or tbe rule applied in Morgan v. Bank, 190 N. C., 209, 129 S. E., 585. We tbink tbe case is controlled by tbe decisions in Beck v. Wilkins, supra; Hutchins v. Taylor-Buick Co., 198 N. C., 777, 153 S. E., 397; and Hanes v. Shapiro, 168 N. C., 24, 84 S. E., 33.

Tbe relation of plaintiff and defendant was tbat of bailor and bailee. Ordinarily, tbe liability of a bailee for tbe safe return of tbe thing bailed is made to depend upon tbe…