Filed Date: 1/13/1943
Status: Precedential
Modified Date: 11/10/2024
Proof of failure to return part and proof of damage to another part of the bailment delivered to defendant under contract established a prima facie case. As defendant did not show due care and that the failure to return and the damage occurred through a cause beyond its control, the complaint should not have been dismissed.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur. Present — Hammer, Miller and McLaughlin, JJ.