Bennett v. O'Brien
Illinois Supreme Court
Writ oe Error to the Circuit Court of Livingston county; the Hon. Jonathan Duee, Judge, presiding.' . This is an action on the case brought by Michael O’Brien against Curtis E. Bennett at the June term, 1864, of the Circuit Court of Livingston county, for the value of a mare. The plaintiff recovered a verdict for $120, on which the court rendered judgment, and the defendant appealed. The facts appear in the opinion of the court.
1Opinion of the CourtJustice Lawrence
O’Brien let Bennett, the appellant, have the use of his horse without compensation. This gratuitous bailment imposed on the appellant the duty of extraordinary care. After a drive in January, 1864, of eighteen miles from his home, returning the next day, the mare sickened and died. The evidence is conflicting as to the cause of her death. Two witnesses swear that the defendant admitted she had been driven into a snow bank. The jury found a verdict for O’Brien, the plaintiff below, for the value of the mare.
The appellant insists that the court erred in refusing to give his 1st, 2d, 4th and 7th…
2Cited by22 opinions
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- Funkhouser v. WagnerIllinois Supreme Court · 1871
- Clemenson v. WhitneyAppellate Court of Illinois · 1925
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