Clark v. Burns Hammam Baths

This is an appeal by the defendant Burns Hammam Baths from a judgment against it in the sum of $889.50, the value of certain property entrusted by the plaintiff to the care of said defendant which was never returned to the plaintiff.

On July 23', 1921, the plaintiff was a patron of the bathhouse operated by the defendant and deposited money and jewelry in a box provided by the defendant for that purpose, which box was locked and the key, attached. to a rubber band, fastened about plaintiff’s wrist. At the time of receiving this property, an employee of defendant wrote the name of the plaintiff, together with a list of the articles deposited in the box by him, upon a slip of paper and attached, this slip of paper to the outside of the box in some manner, and then replaced the box in its proper com partment. The box and the key for the same were numbered 26.

After plaintiff had availed himself of the bathing facilities of the establishment, he retired for the night to a room, which was merely separated from other rooms by curtains. In the morning, about 8:45 o ’clock, he went to a washstand provided for his use, and while there noticed that the key to his box was not attached to…