Blosser Co. v. Doonan

Court of Appeals of Georgia

Blosser Co. v. Doonan

68 S.E. 1074, 8 Ga. App. 285, 1910 Ga. App. LEXIS 135

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1910

Docket2195

StatusPublished

Cited by4 cases

This text of 68 S.E. 1074 (Blosser Co. v. Doonan) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blosser Co. v. Doonan, 68 S.E. 1074, 8 Ga. App. 285, 1910 Ga. App. LEXIS 135 (Ga. Ct. App. 1910).

Pincite

Opinion

Russell, J.

1. The court erred in directing the jury to find the verdict in favor of the plaintiff, merely submitting to them the question of the amount of the recovery. Under the evidence submitted, there was an issue as to the nature of the custom sought to be established, as well as to whether sneh a custom in fact existed, and it was issuable whether a new contract of bailment was made by the parties at the conclusion of the original contract.

2. While a gratuitous bailee is,required to use some care and diligence for the safe-keeping of property entrusted to him, he must assent to the bailment, either expressly or impliedly, before the relationship of bailor and bailee will be established, with its consequent liabilities.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, J.

1. The court erred in directing the jury to find the verdict in favor of the plaintiff, merely submitting to them the question of the amount of the recovery. Under the evidence submitted, there was an issue as to the nature of the custom sought to be established, as well as to whether sneh a custom in fact existed, and it was issuable whether a new contract of bailment was made by the parties at the conclusion of the original contract.

2. While a gratuitous bailee is,required to use some care and diligence for the safe-keeping of property entrusted to him, he must assent to the bailment, either expressly or impliedly, before the relationship of bailor and bailee will be established, with its consequent liabilities.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

68 S.E. 1074, 8 Ga. App. 285, 1910 Ga. App. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blosser-co-v-doonan-gactapp-1910.

Opinion

Related

Cite This Page — Counsel Stack