Rutherford v. Krause
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Rutherford, from so much of an order of the Supreme Court, made at the Delaware Trial Term and entered in the office of the clerk of the county of Delaware on the 22d day of March, 1900, as denies the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, James Rutherford, from so much of an order of the Supreme Court, made at the Delaware Trial Term and entered in the office of the clerk of the county of Delaware on the 22d day of March, 1900, as denies the plaintiff’s motion for a new trial made upon the minutes. This action was brought by plaintiff against the defendant to recover damages for injury to plaintiff’s horses, harness and wagon, caused, as it is claimed, by the negligence of the defendant, who with others was a bailee for hire thereof. Upon the trial the plaintiff offered jiroof of the hiring of his…
1Opinion of the Court
Smith, J.:
In volume 3, American and English Encyclopaedia of Law (2d ed. 750), the text reads: “ The rule adopted in the more modern decisions is that the proof of loss or injury establishes a sufficient prima facie case against the. bailee to put him upon his defense. When chattels are delivered to a bailee in good condition and are returned in a damaged state, or not returned at all, the law will presume negligence to have been the cause, and casts upon the bailee the burden of showing that the loss did not occur through his negligence, or, if he cannot affirmatively do this, that at least…
2Cases cited3 opinions
- Collins v. . BennettNew York Court of Appeals · 1871
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Campbell v. MullerAppellate Terms of the Supreme Court of New York · 1897
3Cited by4 opinions
- Lebens v. WolfSupreme Court of Minnesota · 1917
- Mecom v. VintonCourt of Appeals of Texas · 1916
- Selesky v. VollmerAppellate Division of the Supreme Court of the State of New York · 1905
- City of Dallas v. MilumCourt of Appeals of Texas · 1947