Section 44-12-45. When act of God or contract exception available as defense


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  •    In order for a bailee to avail himself of an act of God or an exception under the contract as a defense, he must establish not only that the act of God or excepted fact ultimately occasioned the loss but that his own negligence did not contribute to the loss.
Civil Code 1895, § 2265; Civil Code 1910, § 2713; Code 1933, § 12-106.