C.W.B. Enterprises, Inc. v. K.A.T. Equipment Corp.
District Court of Appeal of Florida
1Opinion of the Court
FERGUSON, Judge.
Appellant-bailee was not liable for the damages to bailed property caused by the negligence of a third party. See Buccaneer Line, Inc. v. Owens-Illinois Inter America Corp., 258 So.2d 826 (Fla. 1st DCA 1972). However, the bailee is liable for the salvage value of the damaged property based on its failure to return the bailed property even in its damaged condition. See D & D Associates, Inc. v. Sierra Plastics, Inc., 570 S.W.2d 205, 206 (Tex. Civ.App.1978) (every bailment contract contemplates return of the property bailed, either in the same or altered form); see also Empire…
2Cases cited5 opinions
- McDonald Air Conditioning, Inc. v. John Brown, Inc.District Court of Appeal of Florida · 1973
- D & D ASSOCIATES, INC. v. Sierra Plastics, Inc.Court of Appeals of Texas · 1978
- John Hancock Mutual Life Ins. Co. v. Mark-A, Inc.District Court of Appeal of Florida · 1975
- Empire Tool Co. v. WellsDistrict Court of Appeal of Florida · 1969
- Buccaneer Line, Inc. v. Owens-Illinois Inter America Corp.District Court of Appeal of Florida · 1972
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