Neal v. . Wilcox
Supreme Court of North Carolina
ActioN on the case for the loss of a mule, tried before SauNEERS, J., at the Spring Term, 1856, of Jones Superior Court. The plaintiffs declared on the custom, against the defendant as an inn-keeper. The plaintiffs were engaged in the business of buying and selling horses and mules. The defendant was the keeper of a tavern at Trenton, in the County of Jones.
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ActioN on the case for the loss of a mule, tried before SauNEERS, J., at the Spring Term, 1856, of Jones Superior Court. The plaintiffs declared on the custom, against the defendant as an inn-keeper. The plaintiffs were engaged in the business of buying and selling horses and mules. The defendant was the keeper of a tavern at Trenton, in the County of Jones. The plaintiff Neal had stopped at the tavern with his wife, and they were boarding there.' There was evidence tending to show that a drove of mules belonging to the plaintiffs were put into a lot adjoining the defendant’s stable-lot, and…
1Opinion of the CourtPearson, J.
This is an action on the case, on the “ custom of the land,” against the defendant, as an inn-keeper, for the loss of a mule. In this action, on the ground of public policy, common carriers and inn-keepers are treated as insurers, and are liable, except “ for the acts of God, and the enemies of the State,” without proof of negligence. In which respect it differs from an ordinary action on the case against a bailee. In our case, there being no proof of negligence, the plaintiff properly declared “ on the custom.” If he could have made this proof, it would have been, most proper to declare on…
2Cases cited1 opinion
- Hawley v. SmithNew York Supreme Court · 1841
3Cited by4 opinions
- Holstein v. . PhillipsSupreme Court of North Carolina · 1907
- Holstein v. Phillips & SimsSupreme Court of North Carolina · 1907
- Williams v. Norvell-Shapleigh Hardware Co.Supreme Court of Oklahoma · 1911
- Frockt v. GoodloeDistrict Court, W.D. North Carolina · 1987