Sargent v. Slack
Supreme Court of Vermont
Book account. The plaiatiff sought to recover $25 for pasturing the defendant’s sheep, and $9.69 for salt, grain, tending, &e., together with interest thereon. As the sheep had passed through a defective fence from the plaintiff’s to an adjoining pasture, and there caught the scab by mingling with diseased sheep, the defendant sought to make a charge of $80.50 for the resulting damage, as a defence pro tanto to the plaintiff’s demand.
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Book account. The plaiatiff sought to recover $25 for pasturing the defendant’s sheep, and $9.69 for salt, grain, tending, &e., together with interest thereon. As the sheep had passed through a defective fence from the plaintiff’s to an adjoining pasture, and there caught the scab by mingling with diseased sheep, the defendant sought to make a charge of $80.50 for the resulting damage, as a defence pro tanto to the plaintiff’s demand. The defendant claimed, also, to have made and maintained a valid tender of $25. The auditor reported that on February 26,1872, the defendant bought a flock of…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The plaintiff was the bailee of the defendant’s sheep for hire. The bailment was for the mutual advantage of both parties. The plaintiff was bound to bring to the performance of the contract of bailment in pasturing the defendant’s sheep, the exercise of ordinary care, or that degree of care which a man of ordinary prudence would use in the performance of the same duty towards his own property. Phelps v. Paris, 39 Vt. 511; Broadwater v. Blot, 1 Holt, 547. This degree of care the plaintiff was to exercise in the maintenance of proper fences and…
2Cases cited3 opinions
- Chipman v. BatesSupreme Court of Vermont · 1831
- Woodcock v. ClarkSupreme Court of Vermont · 1846
- Phelps v. ParisSupreme Court of Vermont · 1867
3Cited by4 opinions
- Adams v. CostCourt of Appeals of Maryland · 1884
- Lucia v. MeechSupreme Court of Vermont · 1896
- Shanley v. HurleySupreme Court of Vermont · 1922
- Fifield v. Autobahn Body Works, Inc.Vermont Superior Court · 2015