Siegel v. Eisner

The duty and liability of a bailee for hire is stated as follows in Schouler’s Bailments and Carriers-:

Section 134: “As to the measure of care and diligence required, the hirer for use is,, like all other mutual benefit bailees, bound to exercise ordinary or average care and diligence; and for nothing less than ordinary negligence, or the failure to exercise such care and diligence as persons of average prudence bestow toward such property, or upon their own property under like circumstances, is he, while confining himself to the terms of the employment, legally responsible. This in each case…