Legal Opinion

Swann v. . Brown

Supreme Court of North Carolina

Decided December 5, 1858PublishedCited by 2 opinions

This was an action on the oasis for negligence, in keeping the plaintiff’s horse in the defendant’s livery stable, whereby7 he was lost; tried before Bailey, J., at Spring Term, 1858, of Rowan Superior Court. The defendant kept a livery stable in the town of Salisbury, and agreed with the plaintiff to keep his horse at seven dollars per month. The defendant also kept other horses, belonging to a stage-coach, which were under the management of a driver.

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This was an action on the oasis for negligence, in keeping the plaintiff’s horse in the defendant’s livery stable, whereby7 he was lost; tried before Bailey, J., at Spring Term, 1858, of Rowan Superior Court. The defendant kept a livery stable in the town of Salisbury, and agreed with the plaintiff to keep his horse at seven dollars per month. The defendant also kept other horses, belonging to a stage-coach, which were under the management of a driver. Mr. Chunn stated that he, as agent of the defendant, had the superintendence of the stable; that plaintiff’s horse and the stage-horses were…

1Opinion of the CourtBattle, J.

The delivery by the plaintiff of his horse to be kept by the defendant in his livery stable, created a bailment, which, being mutually beneficial to the parties, bound the bailee, according to the general rule, to take ordinary care of the properly. “ Ordinary care” is that degree of care, which, under the same circumstances, a person of ordinary prudence would take of the particular thing, were it his own ; and the case will be varied according to the nature of the thing bailed, the purpose for which it was bailed, and the particular eir -cumstances under which it was bailed;" Brock v. King,…

2Cited by2 opinions

  1. Bricken v. SikesAlabama Court of Appeals · 1915
  2. Bigger v. AcreeSupreme Court of Arkansas · 1908

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