Action was brought by the plaintiffs for the loss of a package of costume jewelry placed in a locker owned by the defendant company. The locker was of the type commonly found in railroad stations; one desiring to use it merely places his goods in the locker, inserts a coin, removes the key and retains it in his possession. Although the defendant kept a master key and reserved the right to remove any article which remained in the locker longer than the 24-hour rental period, it exercised no other control. On the other hand, the user had access to the locker and its contents at any time during the 24-hour period simply by using the key. Plaintiffs contended that there was a breach of a common law bailment on the part of the defendant and liability by the establishment of a prima facia case of negligence resulting from the failure to return the goods. Held, no liability. Marsh v. American Locker Co., (N.J. 1950) 72 A. (2d) 343.
Richard W. Billings,
BAILMENTS-OWNER OF RAILROAD STATION LOCKERS AS BAILEE OF THE USER'S GOODS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol49/iss4/9