owing day the horse became ill and subsequently died. The court held that the horses' death may have been due to a prolonged disease and not from the defendant's negligence. -3-In Apczynski v. Butkiewicz, 140 Ill.App 375 (1908), the plaintiff loaned defendant a horse to haul coal. Upon returning the property, the horse became ill and subsequently died. The horse was four years old, weighed over 800 pounds and had been driven for some time. The court held that the death of the plaintiff's horse was not caused by the actions of the defendant.In the present case, Helen used the necklace for reasons other than the agreed upon terms. She wore it in an area known to be a rough part of town where it was stolen from her. Unlike the Bennett, 37 Ill. 250, and Apczynski, 140 Ill.App 375, cases, where the defendants did not contribute to the loss of the property, this case is most similar to the Kammerer, 337 Ill.App. 434, 86 N.E.2d 383, and James Coates Motors, Inc., 19 Ill.App.3d 919, 312 N.E.2d 291 cases in the respect that there was a failure to exercise reasonable care in maintaining and safeguarding the bailor's property. Conclusion:A gratuitous bailment relationship was established between Sally Brown and Helen Schulte. Both parties agreed upon the terms. Helen owed Sally a degree of reasonable care in maintaining and safeguarding Sally's property. Helen breached the agreement by using the property for a reason other than the agreed upon terms. Her negligence led to the loss of the necklace. ...
