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BAILEY v. INS. CO. OF NORTH AMERICA

32452.

80 Ga. App. 521 (1949)

56 S.E.2d 848

BAILEY v. INSURANCE COMPANY OF NORTH AMERICA.

Court of Appeals of Georgia.

Decided December 5, 1949.

Attorney(s) appearing for the Case

Smith, Elliott & Swinson, William J. Schloth, for plaintiff.

Albert W. Stubbs, William S. Cain, for defendant.

MacINTYRE, P. J.

1. "There is no little confusion among the decisions in regard to the burden of proof in cases where the bailee is sued by the bailor for loss of, or injury to, the bailed goods. It seems accurate, according to the weight of authority, and also on principle, to say that, since the negligence of the bailee is a fact upon which the bailor's right to recover is based, the burden of proof as to such negligence rests at the outset on the plaintiff bailor...

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