Legal Opinion

Little v. Fossett

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 7 opinions

On Exceptions from the District Court, Rice, J. The plaintiff was riding with a wagon and harness, which he had hired of Dr. Clark. The defendant, in traveling with another carriage, negligently drove against the wagon, and thereby injured the wagon and the harness. To recover for that injury, this action of trespass was brought by the bailee.

Read the full summary

On Exceptions from the District Court, Rice, J. The plaintiff was riding with a wagon and harness, which he had hired of Dr. Clark. The defendant, in traveling with another carriage, negligently drove against the wagon, and thereby injured the wagon and the harness. To recover for that injury, this action of trespass was brought by the bailee. The defendant requested instruction to the jury, that if Dr. Clark owned the articles, and if the plaintiff had but a temporary possession, the plaintiff cannot recover for any permanent injury done to them. This request was denied, and the jury were…

1Opinion of the CourtAppleton, J.

The law seems to' be well settled that the *546bailee of personal property may recover compensation for any conversion of or any injury to the article bailed while in his possession. The longer or shorter period of such bailment, the greater or lesser amount of compensation — and whether such amount is a matter of special contract or is a legal implication from the beneficial enjoyment of the loan, do not seem to affect the question. “ The borrower has no special property in the thing loaned, though his possession is sufficient for him to protect it by an action of trespass against a wrongdoer.”…

2Cases cited2 opinions

  1. White v. WebbSupreme Court of Connecticut · 1842
  2. Lyle v. BarkerSupreme Court of Pennsylvania · 1813

3Cited by7 opinions

  1. Petrus v. RobbinsSupreme Court of Virginia · 1954
  2. Cornell Steamboat Co. v. Jersey CityCourt of Appeals for the Second Circuit · 1892
  3. Missouri Pacific Railway Co. v. Peru-Van Zandt Implement Co.Supreme Court of Kansas · 1906
  4. Terry v. Pennsylvania RailroadSuperior Court of Delaware · 1931
  5. Yrisarri v. CliffordNew Mexico Supreme Court · 1926

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API