Wade v. Garnett
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County ; O. Kyle, Judge. J. A. Wade and another brought suit against Arthur H. Garnett to recover damages for the loss of a mule belonging to plaintiffs and under contract of hire to the defendant. There was judgment for the defendant, and the plaintiffs appealed. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Most of the facts sufficiently appear.
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Appeal from Circuit Court, Morgan County ; O. Kyle, Judge. J. A. Wade and another brought suit against Arthur H. Garnett to recover damages for the loss of a mule belonging to plaintiffs and under contract of hire to the defendant. There was judgment for the defendant, and the plaintiffs appealed. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Most of the facts sufficiently appear. The following charges were refused the plaintiff: (3) The court charges the jury that it is the law that, when one hires a mule and it becomes sick, the hirer is bound to use reasonable…
1Opinion of the CourtMcCLELLAN, J.
The plaintiffs (appellants) instituted this- suit against defendant to recover damages for the loss of a mule belonging to the plaintiffs. Plaintiffs were liverymen at Decatur. Bor a reward they hired a team of mules and a vehicle to defendant for his use on a round trip about 23 miles distant. On the return trip, in the evening, some miles from- Decatur, the mule in question became either exhausted or too ill to travel, was taken out by the defendant, and left with a farmer, from whom a substitute for the rest of the journey was borrowed. E'arly the next morning the mule died on the farmer’s…
2Cases cited8 opinions
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Weller & Co. v. CampSupreme Court of Alabama · 1910
- Cartlidge v. SloanSupreme Court of Alabama · 1899
- Jones v. FortSupreme Court of Alabama · 1860
- Halsey v. MurraySupreme Court of Alabama · 1895
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