Martin v. . Cuthbertson
Supreme Court of North Carolina
Action, tried before Logcm, J., at Eall Term 1869 of Cabarrus Court. The action was brought for damages, for the loss of a horse, which had been lent by the plaintiff to the defendant, to ride to one Cline’s and return the next day — but which was ridden a mile and a half-further than Cline’s, and in a different direction, and which died during its absence, on the third day after leaving home.
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Action, tried before Logcm, J., at Eall Term 1869 of Cabarrus Court. The action was brought for damages, for the loss of a horse, which had been lent by the plaintiff to the defendant, to ride to one Cline’s and return the next day — but which was ridden a mile and a half-further than Cline’s, and in a different direction, and which died during its absence, on the third day after leaving home. It was admitted that the death of the animal occurred from no neglect by the defendant. The Court instructed the jury that the defendant was bound to use'extraordinary care and if he did not, was liable…
1Opinion of the CourtNeade, J.
Where there is a bailment, as in the case of borrowing or hiring 'a horse for a specific purpose, as to go to a certain place, or for a certain time, and there is any material departure from the terms of the bailment, the bail-ee becomes a wrong-doer, and is liable for any injury which results from the departure, without regard to the question of negligence.
In the case under consideration, the horse was borrowed, or hired, to go to a certain place, to be returned at a certain time: he was ridden to another place, and died on the trip. It was admitted that there was no negligence, — that is,…
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