Chase v. Boody
Supreme Court of New Hampshire
Case, to recover for injuries to the plaintiff’s horse. The action was tried*by Stanley, J., who found the following facts: The writ is dated July 7, 1874. Plea, the general issue. On or about August 9, 1873, the defendant hired of the plaintiff, a livery stable keeper, a horse and carriage to go from Dover to Strafford, in said county. There was no price agreed for the service.
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Case, to recover for injuries to the plaintiff’s horse. The action was tried*by Stanley, J., who found the following facts: The writ is dated July 7, 1874. Plea, the general issue. On or about August 9, 1873, the defendant hired of the plaintiff, a livery stable keeper, a horse and carriage to go from Dover to Strafford, in said county. There was no price agreed for the service. On the afternoon of the same day he arrived at said Strafford, and put his horse in a private farm barn belonging to a Mrs. Caverly, where it remained over night. The next morning the defendant, having some business…
1Opinion of the Court
Bailment for hire — Degree of care. This was a bailment for hire, and the plaintiff was bound to use ordinary diligence and care in the protection of the property hired. What ordinary diligence is, varies in degree according to the nature of the property and the circumstances of each particular case. It means "that degree of care, attention, and exertion, which, under the circumstances, a man of ordinary prudence and discretion would exercise, in reference to the particular thing, were it his own; or which the generality of mankind use in keeping their own goods of the same kind." 2 Hill. on…
2Cited by1 opinion
- Harold Klein & Co. v. JewelersSupreme Court of New Hampshire · 1973