Sims v. Roy
District of Columbia Court of Appeals
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, for tbe plaintiff, in an action to recover damages for injury to bis borse while in defendant’s care and custody.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, for tbe plaintiff, in an action to recover damages for injury to bis borse while in defendant’s care and custody. The Court in the opinion stated the facts as follows: This appeal is from a judgment for Philip S. Roy, the plaintiff, appellee here, in the supreme court of the District, to recover damages for an injury to his horse while in the care and custody of xlndrew J. Simms, the defendant, appellant here. The action was commenced in the municipal court, and the plaintiff…
1Opinion of the CourtJustice Pobb
The modern rule is to the effect that where personal property is placed in the hands of a bailee for hire in good condition, and it is injured or destroyed while in his custody, under circumstances ordinarily inconsistent with the exercise of due care, and there is nothing to rebut the inference arising from the circumstances, the loss may fairly be found to have been occasioned by negligence. In other words, the facts of the occurrence, unexplained, warrant the inference of negligence, and call for explanation from the bailee, because he alone is in a position to make it. Jackson v.…
2Cases cited8 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Collins v. . BennettNew York Court of Appeals · 1871
- Hackney v. PerrySupreme Court of Alabama · 1907
- Hunter v. Ricke Bros.Supreme Court of Iowa · 1905
- Hildebrand v. CarrollWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shea v. FridleyDistrict of Columbia Court of Appeals · 1956
- Firestone Tire & Rubber Co. v. Hillow ex rel. American Automobile Ins. Co.District of Columbia Court of Appeals · 1949
- Barclay, Inc. v. MaxfieldDistrict of Columbia Court of Appeals · 1946
- Smith's Transfer and Storage Co. v. MurphyDistrict of Columbia Court of Appeals · 1955
- Eschinger v. United Mut. Fire Ins.District of Columbia Court of Appeals · 1948
3 more not listed; retrieve them via the Exa API.