DELOACH v. AUTO. TRANS. &c. SHOP

39736.

106 Ga. App. 797 (1962)

128 S.E.2d 512

DELOACH v. AUTOMATIC TRANSMISSION & BRAKE SHOP, INC.

Court of Appeals of Georgia.

Decided October 26, 1962.


Attorney(s) appearing for the Case

Delano Maurice, for plaintiff in error.

Bouhan, Lawrence, Williams, Levy & McAlpin, Kirk McAlpin, Frank W. Seiler, contra.


BELL, Judge.

The basic question to be decided is whether the trial court erred in granting the defendant's motion for judgment notwithstanding the verdict. The plaintiff based her action upon Code § 12-104, which provides that in all cases of bailment, after proof of loss, the burden of proof is on the bailee to prove proper diligence. This statute has been applied in several cases and interpreted as meaning that after the bailor proves the bailment and...

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