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16. In a suit in court for alleged negligence, upon whom does the burden of proof fall?

Upon the defendant, that is the bailee. In most actions the plaintiff must assume the burden of proof, but here the bailee has the goods in his possession and must show by evidence that he has not been negligent.

17. Where the goods are bailed in good condition and are returned in a damaged condition what presumption of law arises?

That such damaged condition was caused by the negligence of the bailee.

18. Where goods are destroyed or injured while in the possession of the bailee owing to his negligence, upon whom is the burden cast to establish such negligence?

Upon the bailor.

19. Can the bailor maintain an action of trover or replevin against a third person during the existence of the bailment?

He cannot. But he can maintain an action during the bailment against a third person for a permanent injury done to the bailment.

20. When does the ballee have a right of lien?

When the bailment is one of hire, as the hire of labor, storage or transportation, the bailee has a right of lien for his charges.

21. What is the extent of such lien and what is essential for its preservation?

It is confined to the identical articles upon which the labor had been expended or the care bestowed. The property must be retained in the possession of the bailee. If he parts with the possession he is deemed to have waived his lien and it is lost thereby.

22. What is the liability of the finder of lost property?

He becomes a bailee if he takes the property into his possession and responsible for gross negligence. If a reward be offered he may hold the property until it is paid, but has no right of lien for the expense of keeping. This probably follows from the fact that the finder of lost property is not compelled to take it into his possession.

23. When does a bank become a bailee?

When something of value is deposited with a bank with the agreement that that very same thing shall be returned and not something of an equivalent value. Otherwise a deposit in bank generally creates the relation of debtor and creditor.

24. In a gratuitous bailment does the bailee have a right to use the thing bailed?

Yes, if necessary to its preservation, but not beyond that point unless the bailment was effected for the enjoyment of the bailee.

25. What degree of skill is required of a bailee?

Where the bailment requires the performance of some labor or service involving skill, as in mandatum, the bailee must exercise a reasonable degree of skill in doing the thing properly even though nothing is given as compensation.

26. What is the chief difference between a gratuitous bailment and one for hire?

In a gratuitous bailment the bailor can bring no action for the performance of the bailment until the thing to be done has actually been begun, while in a bailment for hire any failure on the part of either bailor or bailee gives a right of action at the hands of the other party to redress such failure.

27. What is the general rule of liability in a bailment for hire?

In a bailment for hire both parties are benefited and, with the exception of the inn-keeper and common carrier, the rule of liability is ordinary care; such care and diligence as a man of ordinary prudence would take of his own property under similar conditions.

28. What general name is given bailments for hire?
The general term applied is locatio.
29. What is included under this head?

The hire of things, of services, of storage and of transportation.

30. What are the duties of a bailor to a bailee in the hire of things?

The bailor's duties are to give the bailee the possession and use of the thing hired at the time and place agreed upon, and not to interfere in any way during the term for which the bailment was to continue.

31. What is required in the way of fitness of the thing hired?

Unless the bailee depends upon his own knowledge or judgment in the matter, he can hold the bailor liable if through unfitness the bailee suffers damage in any way.

32. What are the duties of the bailee in the use of the thing hired?

To pay for the use of it as agreed upon, use it for the purpose

intended and no other, exercise ordinary care and return it at the appointed time.

33. What is required of a bailee who is hired to bestow labor and skill upon the property of others?

In such bailments ordinary care, and a reasonable degree of skill in doing the thing properly are required. If of a professional nature such a reasonable degree of skill and knowledge as could be procured among the average of his profession.

34. What is meant in legal parlance by the term “ordinary negligence?"

The absence of such reasonable care and diligence as an ordinarily prudent and cautious person of average capacity would exercise under the same circumstances over his own property.

The bailee is equally as responsible for the negligence of his servants as for his own; provided that the negligence occurred when the servant was in the discharge of his duty or obeying the commands or instructions of his master, express or implied.

35. Is the bailee answerable if the loss of the bailment occurred through theft or robbery?

He is not unless his imprudence or negligence caused or facilitated the injurious act.

36. What is the effect of the loss or damage to the property by an inevitable casualty while the bailee was using the property in another way or for a longer time than was justified by the contract of hiring?

He becomes responsible for the loss at all events.

37. What is a warehouseman? One who for a compensation receives and stores the goods of others.

38. What are the duties of a warehouseman?

To furnish a reasonably suitable and safe building for the storage of the goods, if agreed to to furnish a fire-proof building. To exercise ordinary care, this varying with the dangers to which the bailment might be exposed, surrounding conditions and the nature of the thing bailed being considered.

39. What voucher is taken as evidence of the bailment?

One issued by the warehouseman known as a warehouse receipt.

40. What is the peculiarity of such instruments?

That they have at least some of the properties of negotiability and the transfer by indorsement and assignment passes as a delivery of the goods to the transferee.

41. What right of lien has a warehouseman?

A right of lien on the goods stored for his charges. This right extends only to the goods stored, as it is a “particular lien," but may be exercised on any portion of the goods that may yet remain. This right of lien only holds the goods for storage charges and not for any advances.

He may redeliver a part of those goods and retain his lien on the residue for the whole of his charges on all of the goods, provided they were delivered to him as one bailment.

42. Has he a general lien on the goods for all of his charges against the bailor for storage of other goods?

He has not.
43. What is pledge?

Pledge is the delivery of personal property in trust for the security of a debt or other obligation.

Pawn is a special application of the word and generally means those contracts of pledge carried on with pawnbrokers.

44. What are the parties to this contract called?

The party delivering the property is called the pledgor, while the party receiving it is called the pledgee.

45. How does pledge differ from lien?

In lien the creditor does not have a power of sale when the debtor is in default, while in pledge he does. In both pledge and lien the general ownership remains in the debtor.

46. How does pledge differ from mortgage?

In the formation of the contract pledge may be oral, while mortgage is invariably written. In pledge, the pledgee loses his rights in the thing pledged if the property go out of his possession, in mortgage the property seldom goes into the hands of the mortgagee. In pledge the pledgee has only a special interest in the thing pledged, while in mortgage the legal title passes to the mortgagee.

47. What may be pledged?

Any kind of personal property, including notes, drafts, stocks, mortgages, etc.

48. What is necessarv to the completion of the contract of pledge?

That the property be delivered.
49. How may the property be delivered?

By either an actual or constructive delivery. The delivery of a warehouse receipt or a bill of lading is a sufficient delivery of goods on storage or of goods in the course of shipment.

50. What is the result if the pledgee lets the property go out of his possession?

The pledgee loses his security if, with his own consent, the property goes out of his possession.

51. To what extent is the thing pledged a security?

The property pledged is a security, not alone for the principal but also for the interest and any necessary charges in the keeping of the pledge.

52. What care must the pledgee take of the thing pledged?

The rule of liability is ordinary care. 53. Has the pledgee a right to use the thing pledged? Yes, if necessary to the proper preservation of it.

54. If an interest bearing note be pledged, to whom belongs the accruing interest?

The pledgee takes the same right to the interest that he does

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