Newman v. Bourne and Hollingsworth Newman v. Bourne and Hollingsworth (the brooch left in the shop)
(1915) 31 TLR 209 · King's Bench Division (England) · 1915
PrincipleA finder who takes goods into custody is a bailee and must take reasonable care of them, failing which he is liable for their loss.
Facts
A customer removed a diamond brooch while trying on clothes in the defendants' shop and left it behind. An assistant found it and put it in a drawer, where it remained unattended; by the time the customer returned it had disappeared. She sued the shopkeepers for its value.
Held
The court held the defendants liable. By taking the brooch into their keeping they became bailees of it and were bound to take the care that a reasonably prudent person would take of his own property. Leaving a valuable brooch in an unlocked drawer, instead of handing it to the manager or putting it in a safe place, was a failure of that care.
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