NEGLIGENCE IN BAILMENT

• Date: 06 February 2019

(1) "As a matter of fact, the burden of proof in bailment was considered in the well -known case of Joseph Travers and Sons Ltd. v. Cooper (1915) 1 K. B. 73 at 90, where in his judgment Kennedy L.J., quoted with approval, the opinion expressed in the House of Lords by Lord Halsbury in the unreported case of Morrison, Pollexfen and Blair v. Walton, delivered May 10, 1909 as follows: "It appears to me that here there was bailment made to a particular person, a bailment for hire and reward, and the bailee was bound to show that he took reasonable and proper care for the due security and proper delivery of that bailment; the proof of that rested upon him." - Per Ibekwe, J.S.C., in Ogugua v. Armels Transport Limited Suit No. S.C. 214/73; (1974) 9 N.S.C.C. 169 at 172; (1974) 3 S.C. 139 at 145 - 146.

(2) "It is settled law...