New York Court of Appeals

Horace B. Claflin, Respondents v. Henry J. Meyer, Appellant

November 26, 187875 N.Y. 260

Summary

The Court reversed the lower court's judgment and ordered a new trial, holding that in a bailment action where goods are lost by burglary the plaintiff must affirmatively prove the warehouseman's negligence. Loss by theft does not create prima facie negligence, and the evidence presented was insufficient to establish such negligence.