Justia us law case law washington case law washington supreme court decisions 1956 st paul fire etc co v chas h lilly co paul fire etc co v chas h lilly co receive free daily summaries of new opinions from the washington supreme court . The appellant the chas h lilly company defendant below rented a scoopmobile from air mac inc on a month to month basis for five hundred fifty dollars a month appellant had paid four months rental when the scoopmobile was destroyed by fire on june 2 1952. For the reasons indicated hereinbefore we hold that the majority rule is controlling in this jurisdiction our previous decision in st paul fire marine ins co v lilly co filed on june 30 1955 and appearing in 46 wn 2d 840 286 p 2d 107 is not adhered to the judgment of the trial court is reversed with directions to dismiss . On rehearing finley j the facts involved are adequately set forth in the opinion previously filed in this matter on june 30 1955 which appears in 46 wn2d 840 286 p2d 107 1 in a simple bailment which is for the mutual benefit of both bailor and bailee where the parties do not contract explicitly or by inference respecting damages loss or destruction of the bailed property the . Docket no no 33003 judges donworth j concurring rosellini j dissenting attorneys jones grey for appellant
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