Question 1

The city of Chicago impounded Bruce Anderson’s car after the driver, not Anderson, was arrested. Anderson demanded his car back, but it was stolen from the city’s impoundment lot. Since a constructive bailment occurs when the property of one person is voluntarily received by another for a purpose other than obtaining ownership, was the city the bailee of the car and therefore liable for the loss?

Question 2

Tietjen delivered a load of apples to the railroad to be shipped to Philadelphia when the paperwork was ready. Tietjen’s secretary got the flu and did not complete the paperwork for four days. When the railroad received the papers it hauled the apples to Philadelphia and notified the consignee they were at the depot. It took the consignee five more days to pick up the apples. A number of the apples had begun to spoil. What standard of care did the railroad have toward the apples while it had possession of them?

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