Stacy v. Knickerbocker Ice Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. In February, 1891, the defendant ice company was engaged in cutting and removing into ice-houses the ice formed in Fowler lake, in Oconomowoc, and hired of plaintiff a span of horses for nse in that business. The parties agreed, that the horses should be driven by one Clifford, then in the service of the ice company in the same business.
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APPEAL from the Circuit Court for Jefferson County. In February, 1891, the defendant ice company was engaged in cutting and removing into ice-houses the ice formed in Fowler lake, in Oconomowoc, and hired of plaintiff a span of horses for nse in that business. The parties agreed, that the horses should be driven by one Clifford, then in the service of the ice company in the same business. By direction of the foreman or manager of the ice company, Clifford obtained the horses from the plaintiff and drove them upon the ice for the purpose of using them in scraping the snow from the surface of…
1Opinion of the CourtLtoN, C. J.
The contract between the parties was one of bailment, the defendant ice company being the bailee for hire of plaintiff’s horses. There was but one express stipulation in the contract, which was that the horses, should be driven by Clifford. This stipulation was performed by the ice company. In all other respects the conditions and obligations of the contract were those, and those only, which the law implies. One of these is that a bailee for hire is only liable for the consequences of a want of ordinary care of the property bailed. If such property be injured or lost while in his possession,…
2Cited by11 opinions
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