Reports of Cases Argued and Determined in the Supreme Court and in the Court of Errors and Appeals of the State of New Jersey Volume 87
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...garage. Mr. Robbins failed to call for it that afternoon, and that night the water in the machine froze and caused the damage for which this suit was brought. The motion for nonsuit was based upon the ground, among others.' that there was no evidence of negligence on the part of the defendants. Now, the complaint declared upon a gratuitous bailmeut for the bailor's sole benefit. The learned trial judge in his charge so characterized the transaction, and both parties have so treated it, and so, for the purpose of this review, it will be assumed to have been such a bailmeut..-bailmeut takes place where an article of personal property is put into the hands of one for a special purpose, and is to be returned by the bailee to the bailor or delivered to some third person when the object of the trust is accomplished. Gilson v. Pennsylvania Railroad C0., 86 N. J. L. 446; afiirmed, Court of Errors r and Appeals, June 14th, 1915 (post p. 688). _ It will be seen, therefore, that the evidence in the present case disclosed at most, first, a gratuitous bailmeut consisting of the delivery by the plaintiff of the automobile to Robbins for the purpose of taking it to Fitzgibbon & Crisp, and secondly, a gratuitous agreement to become bailee for the purpose of returning it from Fitzgibbon & Crisp's shop to the defendants' garage. With respect to the bailmeut, it will be observed that the special purpose for which the automobile was delivered to Robbins was accomplished when he took it to the shop of Fitzgibbon 8: Crisp and delivered it to them. The bailmeut was terminated by the full performance of the bailment purpose. Since it was undisputed that this was accomplished without any fault or negligence upon the pa-rt of...
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- 13 Sep 2013
- Illustrations, black and white