#### William J. Newman Company, Appellant, v. Sanitary District of Chicago, Appellee.

Gen. No. 23,204.

(Not to be reported in full.)

Abstract of the Decision.

Bailment, § 26 * —when instruction on care required of bailee is proper. An instruction that “the court instructs the jury that, as a matter of law the bailee, in a mutual bailment, is not an insurer of the property bailed, but is bound to exercise ordinary and reasonable care, or the care that a reasonably prudent man would take of similar property under similar conditions. If the jury finds such a reasonable care has been exercised, they will return a verdict for the defendant,” held proper, in an action to recover damages for injuries to a machine rented by plaintiff to defendant.

Appeal from the County Court- of Cook county; the Hon. Andrew D. Webb, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed March 13, 1918.

Rehearing denied March 25, 1918.

Statement of the Case.

Action by William J. Newman Company, a corporation, plaintiff, against Sanitary District of Chicago, defendant, to recover damages for injuries to plaintiff’s derrick rented to defendant. From a judgment for defendant, plaintiff appeals.

Adams, Cbews, Bobb & Wescott, for appellant.

Edmund D. Adcock, for appellee; John F. Bolton, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Taylor

delivered the opinion of the court.