Does the fact that a bailee's property is stolen at the same time as that of the bailor's property provide conclusive evidence of negligence?
"New York", United States of America
The following excerpt is from Ouderkirk v. Cent. Nat. Bank, 119 N.Y. 263, 23 N.E. 875 (N.Y. 1890):
it is held in this state that the fact that the bailee's property is also stolen at the same time as that of the bailor does not furnish conclusive evidence of the exercise of ordinary care, (Pattison v. Bank,) yet it is the uniform doctrine of the cases that evidence of a want of such care as the bailee generally bestows upon his own property is strong and persuasive evidence of negligence on his part with respect to the property bailed.
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