Cook v. Haggarty
Supreme Court of Pennsylvania
Error to the Common Pleas of Hrie county. This was an action on the case by Hiram Cook against Hugh T. Haggarty, for negligence, as a bailee of certain horses beloriging to the plaintiff.
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Error to the Common Pleas of Hrie county. This was an action on the case by Hiram Cook against Hugh T. Haggarty, for negligence, as a bailee of certain horses beloriging to the plaintiff. The declaration was as follows:— “ Hugh T. Haggarty was summoned to answer Hiram Cook, in a plea of trespass on the case ; and thereupon the said plaintiff, by J. W. Douglass, his attorney, complains, for that, whereas, heretofore, to wit, on, &e., at, &c., the said plaintiff, at the special instance and request of the said defendant, caused to be delivered to the said defendant, certain goods and chattels,…
1Opinion of the Court
*69The opinion of the court was delivered by
Strong, J.
The liability of the defendant in this case is charged to have resulted from his contract as bailee. The declaration charges him with having neglected to perform the duty which his contract imposed upon him. It sets out the contract in full. Then follows an assignment of its breach. The engagement of the defendant is averred to have been, that he should safely keep, pasture, specially care for, and attend to certain horses of the plaintiff, for a reasonable compensation. The breach alleged is, that he “ conducted himself so carelessly,…
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