Bailment For Mutual Benefit

29 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Armored CAR Serv., Inc. v. First Nat'l Bank OF Miami
  114 So. 2d 431· Fla. 3d DCA· 1959-09-10 ·cited 38×
  Armored Car Service appeals a directed verdict judgment entered when the trial court concluded plaintiff failed to establish a prima facie case against First National Bank of Miami. The court reversed, holding that evidence of the bank's receipt of a misdirected money bag, failur
• Chauncy B. Coombs v. Rice
  64 Fla. 202· Fla.· 1912-06-01 ·cited 36×
  This case concerns a bailment for mutual benefit where a boat was destroyed by fire. The appellate court found that the evidence did not support the plaintiff's claim of negligence against the bailee, reversing the lower court's judgment.
• Adelman v. M & S Welding Shop, Inc.
  105 So. 2d 802· Fla. 3d DCA· 1958-10-21 ·cited 31×
  A complaint alleging damage to bailed property is sufficient if it states facts from which negligence can be inferred, even without alleging specific acts of negligence.
• Fruehauf Corp. v. AETNA Ins. Co.
  336 So. 2d 457· Fla. 1st DCA· 1976-08-19 ·cited 24×
  Fruehauf Corporation appealed a trial court judgment finding it negligent as a bailee for the loss of a customer's truck stolen from its premises. The court affirmed, holding that while Fruehauf was not required to hire a guard service, it was liable for negligence in its own sec
• Ekco Prods. Co. v. The United States
  312 F.2d 768· Ct. Cl.· 1963-01-11 ·cited 22×
  A bailor of machinery for mutual benefit creates an implied warranty of fitness for the intended purpose, which is not defeated by the bailee's inspection or repair efforts when the defect is not readily discoverable or better alternatives are unavailable.
• Union Transfer Co. v. Riss & Co., Inc.
  218 F.2d 553· 8th Cir.· 1955-01-17 ·cited 22×
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding whether the defendant was a bailee for mutual benefit and whether its negligence caused the trailer's loss.
• Williamson v. Phillipoff
  66 Fla. 549· Fla.· 1914-01-06 ·cited 19×
  In this bailment case, the Florida Supreme Court reversed a judgment against a defendant who had hired a lighter (barge) for bridge construction work. The court held that the trial court erred in sustaining a demurrer to the defendant's plea raising the defense that the lighter w
• Am. Enka Co. v. Wicaco Mach. Corp.
  686 F.2d 1050· 3d Cir.· 1982-08-16 ·cited 18×
  The court held that the value of lost bailed goods should be assessed at the time of demand, not the time of bailment, and that the case should be remanded for reconsideration of pre-judgment interest.
• Harbor ONE, Inc. v. Preston
  172 So. 2d 478· Fla. 3d DCA· 1965-03-09 ·cited 14×
  Harbor One and Breuil Boat Co. left a yacht with Preston for sale under a bailment agreement. The yacht was stolen, and Preston relied on a printed contract clause waiving liability for theft. The court held the waiver clause was ambiguous and unenforceable, affirming judgment fo
• Peacock Motor Co. OF Marianna, Inc. v. Eubanks
  145 So. 2d 498· Fla. 1st DCA· 1962-10-04 ·cited 12×
  Eubanks sued Peacock Motor Company for damages to personal property destroyed by fire while his automobile was being repaired at defendant's garage. The court reversed the jury verdict for plaintiff, holding that the fire was an intervening cause not proximately caused by any bre
• Monroe Sys. FOR Bus., Inc. v. Intertrans Corp.
  650 So. 2d 72· Fla. 3d DCA· 1994-12-28 ·cited 9×
  Monroe Systems appealed a directed verdict in favor of freight forwarder Intertrans on Monroe's claims for breach of bailment and negligence arising from damage to Monroe's goods stored in a third-party customs-bonded warehouse. The court affirmed, holding that Intertrans was mer
• MMH Venture v. Masterpiece Prods., Inc.
  559 So. 2d 314· Fla. 3d DCA· 1990-04-03 ·cited 5×
  MMH Venture and related defendants appealed a jury verdict awarding compensatory and punitive damages to jewelry exhibitors for theft losses at an expo center. The appellate court reversed the fraud findings and punitive damages awards due to insufficient evidence of intentional
• Snyder v. Four Winds Sailboat Ctr., Ltd.
  701 F.2d 251· 2d Cir.· 1983-03-01 ·cited 5×
  A marina that stores a boat for a customer, even without a direct storage fee, is a bailee for mutual benefit and owes a duty of ordinary care to safeguard the property.
• Falls Church Airpark Co., Inc. v. Mooney Aircraft, Inc.
  254 F.2d 920· 5th Cir.· 1958-04-30 ·cited 5×
  The court held that the jury's finding that the bailee was not negligent in failing to inspect or change the oil line was supported by substantial evidence, and thus the bailor failed to meet its burden of proof.
• Fireman's Fund Ins. Co. v. Dollar Sys., Inc.
  699 So. 2d 1028· Fla. 4th DCA· 1997-08-27 ·cited 4×
  Fireman's Fund Insurance Company appealed a summary judgment requiring it to defend and indemnify a car rental company in a negligent entrustment lawsuit involving a courtesy vehicle. The court held that the policy's exclusion for vehicles that were "loaned" to an insured applied
• Hearst Corp. v. Cuneo Press, Inc.
  291 F.2d 714· 7th Cir.· 1961-06-20 ·cited 4×
  The court held that the character of the bailment and whether an accord and satisfaction was reached were questions of fact for the jury, not questions of law for the court.
• Harris v. United States
  215 F.2d 69· 4th Cir.· 1954-08-04 ·cited 4×
  The court held that the statutory inquiry requirement for remission of forfeiture does not apply to a U-Drive-It business operating in the ordinary course.
• Orrell v. Wilmington Iron Works, Inc.
  185 F.2d 181· 4th Cir.· 1950-11-10 ·cited 4×
  The court held that the respondent, as a bailee for mutual benefit, was liable for the sinking of the dredge due to its failure to exercise ordinary care and provide adequate watch or warning.
• Richbell v. Ernst Toussaint
  221 So. 3d 764· Fla. 4th DCA· 2017-06-21 ·cited 3×
  In this wrongful death action arising from a tragic multi-vehicle collision, the Fourth District affirmed the trial court's evidentiary rulings and jury instruction but reversed on the cross-appeal regarding the cap on the vehicle owner's liability under Florida's financial respo
• The Wackenhut Corp. v. Lippert
  609 So. 2d 1304· Fla.· 1992-12-03 ·cited 2×
  The Florida Supreme Court held that Delta Air Lines' $1,250 baggage liability limitation applies to jewelry lost from a passenger's handbag during airport security screening, even though the passenger retained custody of the bag rather than checking it. The Court rejected the pas
• Norfolk Shipbuilding & Drydock Corp. v. M/V Harry W. Adams
  537 F.2d 1222· 4th Cir.· 1976-06-14 ·cited 2×
  The court held that the shipyard was entitled to recover costs for initial repairs and storage, and for post-sinking services, as the owner's negligence terminated the bailment and altered the shipyard's duty of care.
• Int'l GEM Stones, Inc. v. Harper-Robinson & Co., Inc.
  299 So. 2d 160· Fla. 3d DCA· 1974-09-03 ·cited 2×
  International Gem Stones sued Harper-Robinson for damages to a shipment of gems that were allegedly lost while in Harper-Robinson's possession as a bailee. The trial court directed a verdict for the defendant, but the appellate court reversed, finding sufficient evidence to suppo
• Poston Steel Erection v. Saumenig
  132 So. 2d 310· Fla. 2d DCA· 1961-08-11 ·cited 2×
  Poston Steel Erection sued to foreclose a mechanic's lien for work performed hauling and erecting precast concrete beams. The trial court found Poston negligent in handling the fourth beam, which buckled and became worthless, and awarded only the contract balance minus the replac
• Erlbacher v. Republic Homes Corp.
  263 F.2d 217· 8th Cir.· 1959-01-26 ·cited 2×
  The court held that the shipyard, as a bailee for mutual benefit, was presumed negligent for the loss of the yacht and failed to overcome that presumption, and also found active negligence.
• Blair v. United States
  164 F.2d 115· 5th Cir.· 1947-11-07 ·cited 2×
  The court held that the contractor was not liable for damages caused by an act of God, as the contract did not explicitly make the contractor responsible for such events.
• Lancaster v. Jordan Auto Co.
  121 F.2d 912· 5th Cir.· 1941-08-15 ·cited 2×
  The court held that the transaction was a loan under Louisiana law, and the lender exercised a high degree of care, thus not liable for the accident.
• Latin Am. Prop. & Cas. Ins. v. Hi-Lift Marina, Inc.
  677 F. Supp. 1156· S.D. Fla.· 1988-01-26 ·cited 1×
  The court held that although the defendant was negligent in its care and custody of the boats, it proved that no breach of duty caused or contributed to the loss due to the fire's rapid and intense nature.
• Fla. Ecological Corp. v. E. Z. Distrib. Co., Inc.
  45 Fla. Supp. 156· Fla. Cir. Ct.· 1977-02-09
  This consolidated liability case involves defective spool pieces (threaded pipe with fitted flanges) that leaked during pressure testing. The court found Warriner & Des Rocher negligent and in breach of implied warranty for improper threading and flange fitting, holding both it a