Baggett v. McCormack
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. This was an action brought by the appellee against the appellants for the value of a horse. It was tried in the circuit court on appeal from the decision of a justice of the peace, the trial resulting in a judgment in favor of the plaintiff.
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From the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. This was an action brought by the appellee against the appellants for the value of a horse. It was tried in the circuit court on appeal from the decision of a justice of the peace, the trial resulting in a judgment in favor of the plaintiff. It was shown, by his own testimony, that he delivered the horse to defendants, the keepers of a livery stable, late one evening, and that, when he went for him the next morning, he was told that he was dead. On cross-examination he testified that he did not own the horse, but had…
1Opinion of the CourtWoods, J.
The appellee, as borrower of the horse, had possession of and a special or transient property, for the time, in the animal, and was entitled to bring his action against a wrongdoer by whose negligence the animal was lost or destroyed. He had no legal interest in the animal as against his bailor, but he had a real interest, nevertheless, in the custody and care of the property, because he was liable to the lender for it, and his possession of and special interest in the horse gave him an action against a wrongdoer. Either the lender or the borrower may bring suit in cases of this character,…
2Cited by10 opinions
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- Grand Rapids & Indiana Railway Co. v. ResurIndiana Supreme Court · 1917
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