Millon v. Salisbury
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. Salisbury, the plaintiff below, brought an action against Millón for the hire of, and injury done to, a horse belonging to Salisbury. The defendant below hired the horse to go from Cocksackie to Schodack, and the next day after his arrival at the latter place, the horse was found to be lame in one foot; and the lameness increasing, the defendant below was obliged to leave the horse there, and hire another with which to return.
Read the full summary
IN ERROR, on certiorari to a justice’s court. Salisbury, the plaintiff below, brought an action against Millón for the hire of, and injury done to, a horse belonging to Salisbury. The defendant below hired the horse to go from Cocksackie to Schodack, and the next day after his arrival at the latter place, the horse was found to be lame in one foot; and the lameness increasing, the defendant below was obliged to leave the horse there, and hire another with which to return. About four weeks after, the horse was brought home, and showed signs of gravel working out above the hoof. There was no…
1Per curiam
Millón being a bailee for hire, and chargeable with no ill treatment, and having employed the horse to no other-use than that which was expressly agreed on, and paid for, he is not liable for such an injury as the plaintiff below complains’ pf-
As to all accidents naturally incident to the use of the horse, in the manner contracted for, the law imposes the risk on the bailor. Injustice has been done, and the judgment ought to he reversed.
Judgment reversed.
2Cited by7 opinions
- Mayor of Columbus v. HowardSupreme Court of Georgia · 1849
- Harrington v. SnyderNew York Supreme Court · 1848
- Campbell v. KleinAppellate Terms of the Supreme Court of New York · 1906
- Taylor v. DowneyMichigan Supreme Court · 1895
- Hard v. NearingNew York Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.