Where the possession of personalty is in a bailee, a trespass committed during the existence of the bailment shall give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with his general property.
(Orig. Code 1863, § 2969; Code 1868, § 2976; Code 1873, § 3030; Code 1882, § 3030; Civil Code 1895, § 3889; Civil Code 1910, § 4486; Code 1933, § 105-1704.)
Cross references.- Bailments generally, § 44-12-40 et seq.
JUDICIAL DECISIONS
Bailor has right of action against third party for damage to bailed property resulting in injury to the bailor's rights of general property or reversion. Cincinnati, N.O. & Tex. Pac. Ry. v. Hilley, 121 Ga. App. 196, 173 S.E.2d 242 (1970).
Bailor's right of action against third party for damage to bailed property is not affected by subsequent repairing by bailee, whether gratuitous or not. This is a matter to be adjusted between the bailor and the bailee and does not affect the grounds or the measure of liability of a third party tort-feasor by whose neglect the property was damaged. Cincinnati, N.O. & Tex. Pac. Ry. v. Hilley, 121 Ga. App. 196, 173 S.E.2d 242 (1970).
Limitation on bailor's action against third party.
- A plaintiff in a trover action whose interest in property is that of a bailee or a special interest, may bring an action against the sheriff and the sheriff's bondsmen for alleged failure to seize the property or make the bond required in trover proceedings brought by such holder of the special interest, but the real owner would have no cause of action against a sheriff for the sheriff's failure to make a levy in such a case, the plaintiff's rights not having been affected by such failure to act. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839 (1940).
Bailee may sue bailor after demand.
- A bailor who forcibly retakes property from the possession of the bailee, may be sued therefor after a demand has been made. Boyd v. McArthur, 120 Ga. 974, 48 S.E. 358 (1904).
Damages alleged for injury to special interest in property.
- While in an ordinary trover action brought by the owner of the entire interest in property, the plaintiff may recover in an alternative verdict the highest proved value of the property, when the plaintiff has no title but only a special interest in the property, and elects to take a money verdict, the measure of the damage is the value of that interest. Zugar v. Glen Falls Indem. Co., 63 Ga. App. 660, 11 S.E.2d 839 (1940).
Cited in Sawyer v. Allison, 151 Ga. App. 334, 259 S.E.2d 721 (1979).
RESEARCH REFERENCES
Am. Jur. 2d.
- 8A Am. Jur. 2d, Bailments, § 159 et seq.
C.J.S.- 8 C.J.S., Bailments, § 152 et seq.
ALR.
- Bailee's reimbursement of bailor as affecting latter's right of action against tort-feasor for damaging subject of bailment, 166 A.L.R. 206.
Liability of bailee of airplane for damage thereto, 17 A.L.R.2d 913; 44 A.L.R.3d 862.
Liability of attorney for loss of client's money or personal property in his possession or entrusted to him, 26 A.L.R.2d 1340.
Bailee's duty to insure bailed property, 28 A.L.R.3d 513.