Dumas v. Hampton
Supreme Court of New Hampshire
Case, for an injury to the plaintiff’s horse, occasioned by a defect in a highway, while bailed to and driven by one DeLancey. Other material facts appear in the opinion of the court. Yerdict for the plaintiff, and the defendants moved for a new trial.
1Opinion of the CourtBingham, J.
The horse was bailed to DeLancey, to be used for his keeping till the next June after the injury. If the bailee did not return the horse fifty pounds heavier than when he received him, he was to pay the plaintiff $150 for him. After the injury, the bailee paid the $150, and, with the plaintiff’s consent, brings and prosecutes this action, for his benefit, in the plaintiff’s name. The defendants excepted to the refusal of the court to order a nonsuit.
The general property in the horse was in the plaintiff at the time he was injured. Sargent v. Gile, 8 N. H. 325; Young v. Woodward, 44 N. H. 250,…
2Cases cited1 opinion
- Moose v. HollandSupreme Judicial Court of Maine · 1855