Francis v. Shrader

Citations

• 67 Ill. 272

Syllabus

<p>1. Bailment—degree of care required. In the case of a loan without any compensation to the owner, the borrower will be under obligation to take extraordinary care of the thing loaned to him; but where the owner of a mare delivers her to another to be broken to service, the latter will be bound only to ordinary care.</p> <p>2. Same—instruction misleading as to compensation. Where the plaintiff let the defendant have his mare to be broken to work, and she was killed by running away, the court, on the trial of an action to recover the value of the mare, instructed the jury that the defendant was under obligation to take extraordinary care of the mare if she was loaned by the plaintiff to the defendant without compensation: Held, that, although the instruction stated the law correctly, it was calculated to mislead the jury, as they probably understood the word “compensation” as a money compensation.</p>