Conaway v. Dukes

Citations

• 28 Del. 74
• 5 Boyce 74
• 90 A. 413
• 1914 Del. LEXIS 11

Syllabus

<p>1. Negligence—Evidence—Presumptions.</p> <p>Negligence is never presumed, and when it is the basis of recovery, it must always be proven by the person seeking the recovery.</p> <p>2. Livery Stable Keepers—Action for Injury to Horse.</p> <p>In an action by a liveryman for the death of a horse claimed to have been killed by the hirer’s negligence, the liveryman has the burden of establishing by the preponderance of the evidence the negligence complained of, and that it was the proximate cause of the death of the horse.</p> <p>3. Livery Stable Keepers—Hire of Horse—Duty of Hirer.</p> <p>One who hires a horse is without special contract bound to use and treat the horse with such care and consideration as a reasonably prudent man would use toward his own horse under like circumstances, having regard to the known and apparent condition of the animal, the character of the weather, the conditions of the road, and the distance.</p> <p>4. Livery Stable Keepers—Liability for Hire of Horse.</p> <p>When the hirer of a horse agrees upon the distance to be traveled, he is liable for any injury to the animal occasioned by driving a farther distance; but if the horse is desired for a trip with only a general destination, the liveryman is supposed to know the ability of his horse to stand the trip, and if it is injured from natural causes the hirer is not liable.</p>