Thompson v. Harlow
Supreme Court of Georgia
Case in Catoosa Superior Court. Tried before Judge D. A. WadkKr, at the November Term, i860. This was an action, brought by John Harlow against Theron B. Thompson and William L. Witherspoon, to- recover damages for a horse, hired by said Harlow to the defendants, and which, the plaintiff alleged, was killed by the careless, negligent and improper driving of said horse in a buggy, by the said defendants.
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Case in Catoosa Superior Court. Tried before Judge D. A. WadkKr, at the November Term, i860. This was an action, brought by John Harlow against Theron B. Thompson and William L. Witherspoon, to- recover damages for a horse, hired by said Harlow to the defendants, and which, the plaintiff alleged, was killed by the careless, negligent and improper driving of said horse in a buggy, by the said defendants. On the trial of said case, the following testimony was introduced by the plaintiff, to wit: In the month of August, 1858, the defendant, Thompson, hired from the plaintiff a roan horse, about…
1Opinion of the Court
By the Cowt. —
Lyon, J.,
delivering the opinion.
The hirer of a horse is bound to take the same care of it that a prudent man would of his own property; and is responsible for all injuries that result from his neglect. If the horse becomes sick, or exhausted, it is 'his duty to abstain from using it, and if he pursues his journey, he is liable for all the injury occasioned thereby. Story on Bailment, §§405,398. In this case, the horse hired by the defendant was discovered to be sick, and the attention of the hirer called to’ that fact, while he had as yet accomplished but a small portion of his…
2Cited by3 opinions
- Higman v. CamodySupreme Court of Alabama · 1895
- Hawkins v. HaynesSupreme Court of Georgia · 1883
- Wade v. GarnettSupreme Court of Alabama · 1919