This section contains the nature of the case and procedural background.

P checked out nine books from D, a public library. The due date for returning the books was in June. During the month of May, P moved from Kentucky to Illinois. P asked his mother to return them for him. She put them in a box on her back porch and presumably forgot about them. P began receiving notices from a collection agency about the overdue library books. P's mother discovered that the books had been stolen from her back porch, and she filed a report with the Edmonson County Sheriff's Department. P informed the library of the theft but did not reimburse the library for the books' value. P filed his complaint and D moved to dismiss. P contends that his library card represents a contract between him and D, stating that he would be responsible for lost or damaged items. P contends that loss and damage do not contemplate or include theft. The trial court held that P had entered into a bailment relationship with the library and that he was, therefore, liable for loss of the books. The trial court granted the motion and P appealed.

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