Fox v. Pruden
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Court, entered on the verdict of a jury. The action was brought to recover damages for an injury to the plaintiff’s mare, by reason of the defendant’s negligence. The complaint alleged the loan of the mare by the plaintiff to the defendant, but the answer denied the loan and the negligence, and averred that the mare had been hired by the plaintiff to the defendant.
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Appeal by the defendant from a judgment of the Marine Court, entered on the verdict of a jury. The action was brought to recover damages for an injury to the plaintiff’s mare, by reason of the defendant’s negligence. The complaint alleged the loan of the mare by the plaintiff to the defendant, but the answer denied the loan and the negligence, and averred that the mare had been hired by the plaintiff to the defendant. It appeared on the trial that the defendant, desiring to hire a horse for use in his business, applied to the plaintiff for one, but the latter had but one horse which he could…
1Opinion of the Court
By the Court.
Daly, F. J.
Assuming as the testimony would seem to warrant, that this was a bailment for hire, the defendant was bound to ordinary care and diligence, and if the horse was injured whilst in his possession, the obligation was upon him to show how the injury happened; and if unable to do that, to show that he exercised that degree of care of the animal which would overcome any presumption that the injury occurred from the want of ordinary care and diligence on his part (Arent v. Squire, 1 Daly, 347).
It is apparent upon the evidence, that the injury must have happened in, or in the…
2Cases cited3 opinions
- Hart v. SkinnerSupreme Court of Vermont · 1844
- St. John v. O'ConnelSupreme Court of Alabama · 1838
- Arent v. Squire & JohnsonNew York Court of Common Pleas · 1863
3Cited by3 opinions
- Buddin v. FortunatoNew York Court of Common Pleas · 1890
- Nichols v. BalchThe Superior Court of the City of New York and Buffalo · 1894
- Nichols v. BalchNew York Supreme Court · 1894