WASHBURN STORAGE COMPANY v. MOBLEY

36180.

94 Ga. App. 113 (1956)

94 S.E.2d 37

WASHBURN STORAGE COMPANY v. MOBLEY.

Court of Appeals of Georgia.

Decided June 27, 1956.


Attorney(s) appearing for the Case

Palmer H. Ansley, Smith, Field, Doremus & Ringel, for plaintiff in error.

A. Mims Wilkinson, Jr., Ralph A. Bragg, contra.


NICHOLS, J.

Under Code §§ 12-104, 12-404, and the act of 1938 (Ga. L. 1937-38, Ex. Sess., pp. 390, 400; Code, Ann. Supp., § 111-423), the defendant was bound to exercise ordinary care to protect the plaintiff's property, and his failure to deliver the goods on demand established a prima facie case for the plaintiff. Therefore, the defendant could prevail only by establishing that he had exercised ordinary care to prevent the loss or destruction of the...

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