Brannan v. Haldeman

Citations

• 35 Pa. Super. 286
• 1908 Pa. Super. LEXIS 26

Syllabus

<p>Bailment — Bailee for hire — Horse—Injury to horse — Animals.</p> <p>In an action to recover damages for injuries to a horse alleged to have happened while the horse was in the defendant’s possession as a bailee for hire, the court commits no error in charging as follows: “The rule of law is that he is obliged to use ordinary diligence and care in order to preserve the property, and if you find in this case that he has not used ordinary diligence and care, but that the animal was hurt because he did not use ordinary diligence and care, then the plaintiff is entitled to recover. On the other hand, if you find that he did use ordinary diligence and care, your verdict should be for the defendant.”</p> <p>If, in such a case, the evidence is conflicting as to whether the defendant used ordinary care and diligence, the case is for the jury, and a verdict and judgment for defendant will be sustained.</p>