Lebow v. McIntyre

OPINION

WOOD, Judge.

Defendant rented a horse from plaintiff. The horse was killed before it was returned. Plaintiff recovered judgment for its value; defendant appeals. The principal attack is on the trial court’s finding that defendant was negligent.

Plaintiff, the bailor, proved delivery of the horse to defendant in good condition and defendant’s failure to return the horse. Gray v. E. J. Longyear Co., 78 N.M. 161, 429 P.2d 359 (1967) states:

“ * * * Though there appears to be some confusion and variation in the decisions, the trend of modern authorities states the controlling legal principles…