Chamberlin v. Cobb
Supreme Court of Iowa
Appeal from Monroe District Court. The petition claims $200, as the value of a mare loaned by petitioner to defendant, without hire, and killed by negligence of defendant. The defendant denies negligence, and alleges that he received the mare at the special instance and request of plaintiff, under an agreement that he should keep, use and work her in the same manner as he would one of his own horses. Yerdiet and judgment for defendant. Plaintiff appeals.
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Appeal from Monroe District Court. The petition claims $200, as the value of a mare loaned by petitioner to defendant, without hire, and killed by negligence of defendant. The defendant denies negligence, and alleges that he received the mare at the special instance and request of plaintiff, under an agreement that he should keep, use and work her in the same manner as he would one of his own horses. Yerdiet and judgment for defendant. Plaintiff appeals. The necessary facts are stated in the opinion.
1Opinion of the Court
Day, Ch. J.
Upon the trial the court instructed tl £ jury as follows: “If you find that in the fall of 1867 the plaintiff was the owner of the mare in question, and find that the plaintiff had no use for said mare during the then following winter; and find that the plaintiff, to avoid the expense of keeping said mare during said winter, requested the defendant to take the said mare and do his *162work with her, in consideration that the defendant would feed and take care of said mare during the winter, when he was not using her; and find that the defendant accepted the proposition and took her on…
2Cited by5 opinions
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- Meester v. RooseSupreme Court of Iowa · 1966
- Neel v. StateCourt of Criminal Appeals of Texas · 1894
- Bowman v. Western Fur Manufacturing Co.Supreme Court of Iowa · 1895
- Taylor v. DowneyMichigan Supreme Court · 1895