
    No. 253
    No. 19946
    The National Liberty Insurance Company of America v. The Sturtevant-Jones Company.
    Error to the Court of Appeals of Lucas County.
    123. BAILMENTS — Where contract of bailment has no exemption clause, no act whether unauthorized or not, can abrogate the contract.
   ROBINSON, J.

Where a contract of bailment contains no exemption from liability on account of unauthorized acts of the servants of the bailee, no act of the servant of the bailee, whether or not authorized by the bailee, committed while the servant is in possession of the subject of bailment by authority of the bailee, is effective to abrogate the contract between the bailo? and the bailee nor to absolve the bailee from liability to the bailor for a breach of such contract, which if done by the bailee in person would not accomplish such result.

Judgment reversed.

Marshall, CJ., Day, Allen, Kinkade, Jones and Matthias, JJ., concur.  