Tuesday, October 25, 2011

The Winkfield case brief

The Winkfield
-April 5, 1900, collision in fog b/t gov’t transport Winkfield (troops) and Mexican, (mail ship). Winkfield damaged, Mexican sank - all passengers, crew, and some mail and luggage put on board of Winkfield.

(Winkfield has been found negligent, and now those from Mexican are trying to get damages. The amount of damages is already fixed. The Postmasters General whose mail was lost on the Mexican want recovery.)


-In an action against a stranger for loss of goods caused by his negligence, the bailee in possession can recover the value of the goods, although he would have a good action by the bailor for damages for the loss of the thing bailed.
Armory v. Delamirie - A mere finder may recover against a wrongdoer the full value of the thing converted.
-The chattel that has been converted or damaged is deemed to be the chattel of the possessor and of no other, and therefore its loss or deterioration is his loss, and to him, if he demands it, it must be recouped.


-The wrongdoer, having once paid full damages to the bailee, has an answer to any action by the bailor.

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