Hartford Accident And Indemnity Co. v. Beevers

A car was taken to defendants business for repair of a leaking gasoline tank. Defendant placed the car in his building, over a pit. His employee removed the drain plug from the gasoline tank, and held a bucket to catch the gasoline draining from the tank by gravity flow. Within a few minutes a fire occurred which resulted in the loss of the car. The owner of the car was insured by plaintiff. Having paid its insured for the value of the car, plaintiff, as subrogee of the owner, sued defendant for the amount paid. Judgment was entered for defendant. Plaintiff appeals, raising issues as to: (1) bailment and (2) judicial notice.