Funkhouser v. Wagner

Citations

• 62 Ill. 59

Syllabus

<p>1. Bailment—hiring—burden of proof. In an action by the owner of a team of horses to recover damages for an injury to them against the hirer for want of proper care, the defendant asked the court to instruct the jury, that if the team hired was in good condition when taken by defendant, and was not returned in such condition, and if the defendant had shown prima facie that he took ordinary care of the team, then the plaintiff must show, by a preponderance of testimony, that defendant misused the team so as to cause the injury complained of, which the court refused: Held,, that the refusal was proper.</p> <p>2. Where goods, when placed in the hands of a bailee, are in good condition, and they are returned in a damaged state, or not returned at all, in an action by the bailor against the bailee, the law will presume negligence on the part of the latter, and impose upon him the burden of showing that he exercised such care as was required by the bailment.</p>