BAILMENT, in law, is the delivery of a chattel or thing to another to keep, either for the use of the bailer or person or for that of the bailee or person to whom it is delivered. A bailment always supposes the subject to be delivered only for a limited time, at the expiration of which it must be redelivered to the bailor; and the material inquiries in cases of bailment relate to the degree of responsi bility of the bailee in regard to the safe-keeping and redelivery of the subject of the bailment. This responsibility will depend, in some degree, upon the contract on which the bailment is made. If a thing is delivered to the bailee to keep without any advantage or use to himself, or any compensation, but merely for the benefit of the bailor, he is answerable only for gross negligence; but if the bailment is for the mutual benefit of both parties, the thing must be kept with the ordinary and usual care which a pru dent man takes of his own goods; but if it be delivered for the benefit of the bailee only, he must exercise strict care in keeping it, and will be answerable for slight negligence. A special agreement is made in many cases of borrowing or hiring, specifying the risks assumed by the borrower or hirer; and in such case his obliga tions will be determined by his stipulations. So important is possession at the common law that the ownership of a bailed article is deemed to be divided between the bailor and the bailee, the latter being said to have the °special prop erty') in the bailed article, the former the °gen eral property." At common law it is the bailee
and not the owner who is entitled to maintain the ordinary actions, such as trespass, trover and replevin, for an interference with the bailed article while in his possession, but in case of a permanent injury to it the bailor may institute an action to protect his general property in terest therein. Innkeepers and common carriers are at common law absolutely liable for the safe return of goods entrusted to them, but modifications by statute now permit the inn keeper, by providing a safe deposit and giving proper notice, to limit his liability to that of an ordinary bailee, while common carriers, by proper notice or by reasonable special contract, may only be held responsible for losses and injuries resulting from their own or their serv ants' negligence. In New York losses result ing from the carrier's own negligence are not to be redeemed by him, and he is only liable for wilful wrongdoing. The contract of a car rier of passengers is not a contract of bailment. Consult Beal, 'Law of Bailments' (London 1900); Schouler, (Treatise on the Law of Bail ments' (3d ed., Boston 1897); Story, (Com mentaries on the Law of Bailments' (9th ed., Boston 1878).