Legal Opinion

Freeman v. Boland

Supreme Court of Rhode Island

Decided December 5, 1882Published

Exceptions to the Court of Common Pleas.

1Opinion of the CourtDtjreee, C. J.

The question here is whether an infant or minor wbo hires a horse and buggy to drive to a particular place, and who, having got them under the hiring, drives beyond the place or in another direction, is liable in trover for the conversion. We think he is. There are cases in which infancy has been held to be a good defence to an action ex delicto for tort committed under contract or in making it. But that is not this case. The act here complained of was committed, not under the contract, but by abandoning it; the bailment being thus determined.

The contract cannot avail if the infant goes…

2Cases cited5 opinions

  1. Vasse v. SmithSupreme Court of the United States · 1810
  2. Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
  3. Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
  4. Fish v. FerrisThe Superior Court of New York City · 1855
  5. Green v. SperrySupreme Court of Vermont · 1844

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