Territorial Court
Decision Information
Summary: Plaintiff left his vehicle with the defendant for the purpose of having it repaired. Defendant stored the vehicle on its lot while making arrangements for the appropriate parts to be shipped in. While on the defendant's lot, the car got broken into and the car's stereo was removed. The plaintiff alleges a bailee - bailor relationship existed and claims damages from the defendant for the loss of the stereo. Court finds that the defendant had the duty to establish that in taking care of the plaintiff's car he exercised the same reasonable care which a prudent person would exercise for the protection of his own property. The court further stated that without some agreed upon terms requiring special security, a bailee must exercise no more than is reasonable under the circumstances. In reviewing the circumstances the court found that the defendants had exercised reasonable care and that the theft from the plaintiff's vehicle could have occurred whether the vehicle was on the lot of the defendant's or on any other open lot in the city.
Decision: Plaintiff's claim is dismissed
Subjects: Bailment - Bailment for reward - Rights and powers of bailor