Bricken v. Sikes
Alabama Court of Appeals
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by Frank B. Bricken against Short Sikes in assumpsit, and in tort, for the destruction of a horse and vehicle committed to his care for hire as a liveryman. Judgment for defendant, and plaintiff appeals.
1Opinion of the Court
THOMAS, J.(1) The delivery of a horse or vehicle to a livery stable keeper to be kept by him in his stable for hire creates a bailment which, being mutually beneficial to the parties, binds the livery stable keeper or bailee to take ordinary care of the property, which means, as has been often defined, that degree of care that a person of ordinary prudence would take of the property, under the same circumstances, if it were his own. —19 Am. & Eng. Ency. Law (2d Ed.) 432; Swann v. Brown, 51 N. C. 150, 72 Am. Dec. 568; Seals v. Edmondson, 71 Ala. 509; Higman v. Camody, 112 Ala. 267, 20 South.…
2Cases cited11 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Higman v. CamodySupreme Court of Alabama · 1895
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3Cited by3 opinions
- Aircraft Sales & Service, Inc. v. BramlettSupreme Court of Alabama · 1950
- Hogan v. AllisonSupreme Court of Alabama · 1955
- Snow v. TulleySupreme Court of Alabama · 1917