I spoke with Dave Smith last week and saw some pictures of the damaging
flood at his shop.  Let me tell you, it made me shudder to see the shop
(and especially the instruments) laying in disarray after floating (or
sinking) in three to four feet of cold, muddy water.

Even the things that were high and 'dry' were eventually added to the
mess when the larger instruments they were sitting on top of floated
and tipped over.  Fortunately, the flood didn't reach Dave's house.
A quick dunk in clean water isn't too bad, but two days in the muddy
Mohawk is something else altogether.

Because of the flooding, my family and I were trapped for a day in
eastern New York State when coming back from a short vacation.  It is
a sobering thought to drive down the New York State Thruway on a nice
sunny day and see a place where mud shows clearly that there was four
feet of water over the road in one place.

The night of the flood, we watched on TV as a guy was lifted from his
cabin cruiser about 30 seconds before it was crushed against a flood
control gate.  The remains (kindling) were clearly visible as we drove
by the next day, as were a number of house parts.

All this unhappiness relates to two recent topics on MMD: sharing
of mechanical music items and liability for customer's instruments.
Here is a perfect example of a disaster that can erase forever some
unique roll or item.  Short of building a fire- and flood-proof bunker
of some sort, we can never provide disaster proof protection for our
musical treasures.  Most of us can only provide what is really minimal
protection: controlled heat and humidity and an alarm system.

I guess the best I can do is allow anyone who wants to make a copy
of a roll to do so.  I've sent several Mills rolls to Jack Breen,
for instance.  I also have open house for MBSI meetings, etc., and
groups of friends.  Lastly, I make it a point to share pictures and
descriptions of any item I have with other collectors when they need
them, like when someone asks for help through MMD.  I wish more MMDers
would take the time to do that.  Often, when I contact someone, they
tell me that they only got one or two replies to their request out of
about 1000 subscribers.

I think that most members of MMD and the different mechanical music
organizations are willing to share, but I'd encourage the others to
reconsider their viewpoint.  Here's a bad example.  A fellow where I
used to work bought a beautiful pair of Bozak stereo speakers from my
neighbor about 20 years ago.  They were in walnut cabinets, 4 feet
tall, 11 speakers each.  Original price $1600 in 1972; he paid $200.

When he retired and moved south recently, he tried to sell them at work
for $200, but no takers.  I offered to store them here and sell them
after he left so he wouldn't have to move them and someone else could
eventually enjoy them.  When I went over to get them, he had removed
all the speakers and put his fist through the cones.  Then he hammered
the cabinets and put them in the trash.  I must have taken him two or
three hours to do this.

He said, "If nobody is willing to pay what I think they are worth, then
I'll make sure that nobody can have them".  What a waste and I've never
thought the same about him since.

Now, about that liability problem.

As the lawyer probably told Dave, you (the generic "you", not Dave
personally) are either liable or you're not.  Whether you have
insurance doesn't really matter.  Someone paid you to pick up his
piano, store it while you repair it, do the repairs competently and
return it in appropriate condition.  Part of that is a bailment of hire
(for payment), which requires greater care than a gratuitous bailment
(no payment).

Actually, I'm surprised that that clause in Dave's contract didn't
cover this problem, but I'm not a lawyer.  However, there might be an
out to the situation.  Flood insurance notwithstanding, most people
have personal liability insurance, usually a part of their homeowner's
insurance or business insurance or a separate liability policy.

If the owner of a piano actually sent a claim against you for the loss
of a piano, I wonder if the liability insurance wouldn't cover it?...
Back to the lawyers office!  Any comments?

Regards from normally pleasant upstate New York.
Craig Smith