Bailment: Appeal and Cliff Nichols D/b/a

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  • Topic: Appeal, Civil procedure, Possession
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  • Published : May 10, 2011
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Terry Fedrick v. Cliff Nichols d/b/a C&N Truck and Trailer Repair

The term Bailment is derived from the French Bailor, "to deliver". A bailment is a temporary transfer of property to another for a limited time and for a specific purpose. The transfer of property in a bailment is only in regards to possession, not ownership. The bailor is the owner of the transferred property. The bailee holds the transferred property. The property is held in trust for the benefit of the bailor. A bailment is completely different from a bail bond. The bailor is the owner of the transferred property. As the bailor, you have the right to receive your property back in an acceptable manner. For example, your car should be returned to you in the same condition you left it if you valet parked it. What is considered acceptable returned property by the bailee depends on the situation.

The bailee must return the property to the owner (bailor) in an acceptable manner. Otherwise, the bailee can be liable for the full value of the property. Vicarious liability often makes the employer of the bailee the responsible party. For example, if a valet attendant at a hotel crashes your car, the hotel may be liable for the damage to the car rather than the employee. Date: 09-12-2008

Case Style: Terry Fedrick v. Cliff Nichols d/b/a C&N Truck and Trailer Repair Case Number: 12-07-00178-CV
Judge: Brian Hoyle
Court: Texas Court of Appeals, Twelfth District on appeal from the 402nd District Court Wood County Plaintiff's Attorney: Richard Malone, Kelvin Malone Firm, Dallas, Texas Defendant's Attorney: Mark W. Breding

Description: Terry Fedrick appeals from a take nothing judgment following a bench trial. In one issue, Fedrick argues that he was entitled to a judgment as a matter of law in light of factual findings made by the trial court. We affirm. * * * Fedrick is a truck driver, and he owns a commercial truck manufactured in 1994. The truck apparently developed a short circuit in the wiring and...
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