Hutchins v. . Taylor-Buick Company

Stacy, O. J.,

after stating the case: The appeal presents the single question as to whether the facts of the instant case bring it within the principle announced in Beck v. Wilkins, 179 N. C., 231, 102 S. E., 313, or the rule applied in Morgan v. Bank, 190 N. C., 209, 129 S. E., 585. We think the case is controlled by the decisions in Beck v. Wilkins, supra, and Hanes v. Shapiro, 168 N. C., 24, 84 S. E., 33.

The relation of plaintiff and defendant was that of bailor and bailee. Ordinarily the liability of a bailee for the safe return of the thing bailed is made to depend upon the presence or…