Hawkins v. Haynes
Supreme Court of Georgia
Negligence. Bailments. Damages. Hiring. Before Judge Fort. Sumter Superior Court. April Adjourned Term, 1883. Haynes brought case against Hawkins. On the trial, the evidence showed, in brief, as follows : One McElroy, an agent of Hawkins, hired of Haynes a horse, for the purpose of driving to the plantation of Hawkins, which was thirteen or fourteen miles distant from Americus, the starting point.
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Negligence. Bailments. Damages. Hiring. Before Judge Fort. Sumter Superior Court. April Adjourned Term, 1883. Haynes brought case against Hawkins. On the trial, the evidence showed, in brief, as follows : One McElroy, an agent of Hawkins, hired of Haynes a horse, for the purpose of driving to the plantation of Hawkins, which was thirteen or fourteen miles distant from Americus, the starting point. The horse was not harshly treated or driven too rapidly; at the plantation he was delivered to one Griffin, who turned him into the lot; the farm stock had just finished eating, and the horse, with…
1Opinion of the Court
Jackson, Chief Justice.
Samuel IT. Hawkins was sued by W. D.' Haynes for the *42value of a horse hired by the plaintiff to the defendant and which died in consequence of the trip. The plaintiff recovered a verdict of $185.00, and the defendant, having been denied a new trial, excepted.
But three points are pressed on the motion here; first, that the verdict is unsupported by sufficient evidence and' contrary to law; secondly, that the court erred in charging that “ in all cases of bailment, after proof of loss, the burden is on the bailee to show diligence; ” and thirdly, that the court should…
2Cases cited2 opinions
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Thompson v. HarlowSupreme Court of Georgia · 1860
3Cited by9 opinions
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- Perry v. . R. R.Supreme Court of North Carolina · 1916
- Richter Bros. v. Atlantic Co.Court of Appeals of Georgia · 1938
- Electric Reduction Co. v. LewellynCourt of Appeals for the Third Circuit · 1926
- Perry v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
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