Hutchins v. . Taylor-Buick Company

153 S.E. 397, 198 N.C. 777, 1930 N.C. LEXIS 482

• Court: Supreme Court of North Carolina
• Decided: June 6, 1930
• Status: Published

Opinion

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.

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.