Lancaster County National Bank v. Smith
Supreme Court of Pennsylvania
May 4th 1869. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., absent. Error to. the Court of Common Pleas of Lancaster county: No. 52, to May Term 1869. This was an action on the case by Merritt Smith against the Lancaster County National Bank; the writ issued April 30th 1867. The plaintiff declared that he had delivered to the defendant certain bonds to be taken care of and to be delivered to him on request, and by the carelessness, negligence and…
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May 4th 1869. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., absent. Error to. the Court of Common Pleas of Lancaster county: No. 52, to May Term 1869. This was an action on the case by Merritt Smith against the Lancaster County National Bank; the writ issued April 30th 1867. The plaintiff declared that he had delivered to the defendant certain bonds to be taken care of and to be delivered to him on request, and by the carelessness, negligence and improper conduct of the defendant, the bonds had been lost. J. H. Clark, the son-in-law of the plaintiff testified that on…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
The ease on hand was a voluntary bailment, or more accurately speaking a bailment without compensation, in which the rule of liability for loss is usually stated to arise only on proof of gross negligence. The same idea is expressed with sufficient precision by the words used by the learned judge below, to wit, want of ordinary care. Whether there was want of ordinary care in the agents of the bailee in this case, was the question before the jury. On this point there was very material evidence, and it was properly referred to the jury…
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