Arsbery v. State

In Arsbery v. State (1978), 32 Ill. Ct. Cl. 127, a riot occurred in the cellhouse, rendering the cellhouse uninhabitable, and all of the prisoners were evacuated from the cellhouse and transferred to other locations within the institution. Arsbery's stereo had been extensively damaged during the time a work crew was brought in to make the cellhouse liveable again. This Court stated that when Respondent removed the prisoners from Claimant's cellblock, it took exclusive possession of all property contained therein. Arsbery, at 129. The Court further stated that the loss or damage to bailed property while in the possession of the bailee raises a presumption of negligence which the bailee must rebut by evidence of due care. Arsbery. The effect of this rule is not to shift the ultimate burden of proof from the bailor to the bailee, but simply to shift the burden of proceeding or going forward with the evidence. Arsbery.