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STATE AUTO. MUT. INS. CO. v. SMITH DRY CLEANERS, INC.

No. 7321DC461.

199 S.E.2d 157 (1973)

19 N.C. App. 444

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. SMITH DRY CLEANERS, INC.

Court of Appeals of North Carolina.

Certiorari Allowed December 4, 1973.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter and William F. Womble, Jr., Winston-Salem, for plaintiff.

Graves & Nifong, by Norman L. Nifong, Winston-Salem, for defendant.

Certiorari Allowed by Supreme Court December 4, 1973.

BROCK, Chief Judge.

"A prima facie case of actionable negligence, requiring submission of the issue to the jury, is made when the bailor offers evidence tending to show that the property was delivered to the bailee; that the bailee accepted it and thereafter had possession and control of it; and that the bailee failed to return the property or returned it in a damaged condition." Millers Mutual Insurance...

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