O'Brien v. Bound

Citations

• 29 S.C.L. 495

Syllabus

<p>1. Where, in case of a joint hiring of a carriage, horses and driver, it being a part of'the contract that the carriage should be driven by the driver alone, one of the hirers assumed the office of driver, and, from his negligence or want of skill, an injury was done to the carriage and a horse, all of the hirers were held hable to the owner.</p> <p>2. To the action by the owner in such case, it is no answer to say the injury was occasioned by the negligence or misconduct of one of the joint contractors.</p> <p>3. Such case is clearly distinguishable from the case of mere passengers, to whom the carriage is not bailed, and who have entered into no contract, except that each will pay his fare.</p> <p>4. The jury finding the contract of defendants to be joint, the charge of the presiding Judge, that the jury might find against one, though plaintiff failed to prove a joint contract as to the others, even if misdirection, was immaterial, as it could not have influenced the verdict. Vide 1 Bailey, 330.</p>