Higman v. Camody
Supreme Court of Alabama
Appeal from tlie Circuit Court of Morgan. Tried before the Hon. H. C. Speaks. This action was brought by • the appellant, H. C. Higman, against the appellee, M. C. Camody, to recover damages for injuries to a barge owned- by the plaintiff, which injuries were sustained while the barge was in the possession of the defendant, who hired the same from the plaintiff. Issue was joined upon the plea of the general issue.
Read the full summary
Appeal from tlie Circuit Court of Morgan. Tried before the Hon. H. C. Speaks. This action was brought by • the appellant, H. C. Higman, against the appellee, M. C. Camody, to recover damages for injuries to a barge owned- by the plaintiff, which injuries were sustained while the barge was in the possession of the defendant, who hired the same from the plaintiff. Issue was joined upon the plea of the general issue. The tendencies of the evidence are sufficiently stated in the opinion. Defendant testified to instructing Neville, when sent to hire the barge a second time, to agree to pay for the…
1Opinion of the CourtMcCLELLAN, J.
The bailment involved in this case was for hire and use, the letter receiving compensation for the use of his chattel by the hirer. Being thus for the mutual benefit of both parties, the law- imposed upon the bailee the 'duty of exercising that degree of care in respect of the property which a man of average prudence and diligence would bestow upon -his own like property- under like conditions, and which the law denominates ordinary care. — Schouler’s Bailments, &c., §§ 134 et seq.; 2 Am. & Eng. Encyc. of Law, pp. 54 et seq.; Woodruff v. Painter, 30 Am. St. Rep. 786; Seals v. Edmondson, 71…
2Cases cited8 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Prince v. Alabama State FairSupreme Court of Alabama · 1894
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Seals v. EdmondsonSupreme Court of Alabama · 1882
- Birmingham Trust & Savings Co. v. Louisiana National BankSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Stone v. CaseSupreme Court of Oklahoma · 1912
- Standard Marine Ins. Co., Ltd. v. Traders CompressSupreme Court of Oklahoma · 1915
- Weller & Co. v. CampSupreme Court of Alabama · 1910
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933
28 more not listed; retrieve them via the Exa API.