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Opinion of the German Bundesgerichtshof in the Matter of E. Gu. (Defendant) v. K. B. (Plaintiff)

BGHZ 41 151 (1964)

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Opinion of the German Bundesgerichtshof in the Matter of E. Gu. (Defendant) v. K. B. (Plaintiff)

Germany Federal Court of Justice
BGHZ 41 151 (1964)

Facts

E. Gu. (EG) (defendant) stored household goods in KB’s (plaintiff) warehouse. EG fell behind on paying storage fees, and KB sued EG for the balance due. EG counterclaimed, asserting that some of his stored goods had been damaged and other goods stolen. KB’s standard-form storage contract contained a standardized clause that KB was liable for loss of or damage to goods stored only if KB or its agents were at fault. The burden of proof was on the bailor—the party storing the goods—to show that the bailee—the warehouse owner or its agents—was at fault. Germany’s commercial code placed the burden of proof on the bailee in all cases in which property was lost or damaged. The appellate court found in favor of KB on its storage-fees claim and dismissed EG’s counterclaim. EG appealed to the Germany Federal Court of Justice—the highest court in Germany.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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