
    JULES S. ABECASIS, Plaintiff and Respondent, v. MORGAN GRAY, Defendant and Appellant.
    
      Decided February 4, 1878.
    WAREHOUSEMEN, THEIR LIABILITY.
    A warehouseman is liable for goods stored with him absolutely, unless he can show that they were lost or destroyed through no fault of his own. Mere inability to deliver is itself prima facie evidence of negligence. To relieve himself from liability to the bailor, the warehouseman, as bailee, must fully account for the goods, and this he can only do by showing the manner of their loss or destruction, and that the same occurred in spite of proper care and diligence on his part. Thus even proof of larceny or burglary does not of itself relieve the warehouseman. He must, in addition, show that he did not in any wise contribute by any neglect or want of precaution on his part (Schwerin ». McKee, 51 N. T. 180; Coleman v. Livingston, 37 W. T. Superior Ot. [4 J. & S.] 32; Claflin v. Meyer, page 1, supra).
    
    Before Curtis, Ch. J., and Freedman, J.
    Appeal by defendant from judgment entered upon the verdict of a jury, and from order denying motion for new trial.
    
      Geo. Wilcox, for appellant.
    
      G. A. Seixas, for respondent.
   Freedman, J.,

wrote for affirmance, with costs, laying down above principles, and holding that the case was properly submitted to the jury.

Curtis, Ch. J., concurred.  