David v. Lose

When the plaintiff entrusted his mare to the defendants for breeding purposes and paid for this service, a bailment for hire was created. See 7 Ohio Jurisprudence 2d, Bailments, Sections 3 and 6. The bailee for hire is obligated by law to exercise ordinary care in the safekeeping of the bail- or’s property, e. g., Hotels Statler Co., Inc., v. Safier (1921), 103 Ohio St. 638. The bailee also promises to return the property undamaged upon the termination of the bailment, 8 American Jurisprudence 2d, Bailments, Section 164.

Therefore, the bailor can sue the bailee for breach of either duty, the…