[DOWNLOAD] "Buckley v. Exodus Transit & Storage Corp." by In the Superior Court of Pennsylvania * Book PDF Kindle ePub Free
eBook details
- Title: Buckley v. Exodus Transit & Storage Corp.
- Author : In the Superior Court of Pennsylvania
- Release Date : January 31, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
1 Appellant, Kathryn R. Buckley, asks us to determine whether she met her burden of proof at trial in an action against Appellee, Exodus Transit & Storage Corporation ("Exodus"), a subsequent bailee, for damage to her goods, upon a showing that her goods were originally delivered to Ryan & Christie, a prior bailee, in good condition and later returned by Exodus in damaged condition. Appellant also asks us to determine whether Exodus should be regarded as an absolute insurer of her goods and thereby responsible for all of the damage to her goods, whenever it occurred, because Exodus charged Appellant for insurance on the goods as part of its storage fee. We hold that, under the circumstances of this case, to recover from Exodus, the subsequent bailee, for damage to her goods, Appellant had to prove that the alleged damage occurred as a result of the negligence of Exodus and under Exodus watch. We further hold that Exodus cannot be regarded as an absolute insurer against all of the damage to Appellants goods, where Appellant failed to establish that Exodus was liable for damage that may have been sustained prior to the time Exodus stored her goods. Accordingly, we affirm the judgment entered in the Chester County Court of Common Pleas in favor of Exodus.