Hutchins v. Taylor-Buick Company
Charles Hutchins v. Taylor-Buick Company.
Opinion of the Court
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 absence of negligence. In proving this, the bailor has the laboring oar, but it has been held in a number of cases that a prima facie showing of negligence is made out when it is established that the bailee received the property in good condition and failed to return it, or returned it in a damaged condition.
Trustees v. Banking Co., 182 N. C., 298 , at page 305, 109 S. E., 6 .
*779 In tbe absence of some fatal admission or confession, as against a demurrer to tbe evidence, or motion to nonsuit, a prima facie showing carries tbe case to tbe jury.
Jeffrey v. Mfg. Co., 197 N. C., 724 , 150 S. E., 503 ;
Speas v. Bank, 188 N. C., 524 , 125 S. E., 398 .
Reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 15 cases
View all citing references →Relies on it most ⓘ
Most recent
- Olan Mills, Inc. v. Cannon Aircraft Executive Terminal, Inc.
- Pinehurst, Inc., Pinehurst Driving & Training Club, Inc., and John Edmunds, D/B/A Edmunds Stable v. Sheila Schlamowitz
- M. B. Haynes Electric Corp. v. Justice Aero Co.
- Schlamowitz v. Pinehurst, Inc.
- Dellinger v. Bridges
- Redfoot v. J. T. Jenkins Co.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.