Opinion
Gen. No. 40,996. (Abstract of Decision.)
Opinion filed May 28, 1940
BAILMENTS, § 18 — pleading, breach of bailment. Where plaintiff purchased a yacht from defendant but upon a trial run certain defects appeared, which defendant agreed to remedy, and plaintiff alleged that he delivered the yacht to defendant as a bailee but that due to defendant's negligence the yacht was damaged by swinging around and striking the dock, lower court improperly dismissed complaint because it failed to state specifically in what way defendant was negligent, because general allegation of negligence is sufficient where goods delivered to a bailee are returned in a damaged condition, as the law presumes negligence on bailee's part in such a case.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.
Reversed and cause remanded with directions. Heard in second division, first district, this court at October term, 1939.
John H.S. Lee, for appellant;
Cameron F. Woods, of counsel;
Bippus, Rose, Burt Pierce, for appellees;
Lester K. Olin, of counsel.
"Not to be published in full." Opinion filed May 28, 1940.