Schlamowitz v. Pinehurst, Inc.

HAYES, District Judge.

Plaintiff’s cause of action is based on the claim that the three defendants were bailees for hire of two race horses which were destroyed when Barn #4 at Pine-hurst was burnt on the night of Jan. 3, 1962, about 1 a. m.

There was evidence tending to show there were 14 stables in this barn and a room in each end for a groom, no groom was in the barn. A night watchman employed and paid by Pinehurst, Inc. was required to visit each of the 10 to 12 barns every hour and a half and punch time clock; he was at this barn about 30 minutes before the flames were discovered at the…