71 Ga. 40 | Ga. | 1883
Samuel IT. Hawkins was sued by W. D.' Haynes for the
But three points are pressed on the motion here; first, that the verdict is unsupported by sufficient evidence and' contrary to law; secondly, that the court erred in charging that “ in all cases of bailment, after proof of loss, the burden is on the bailee to show diligence; ” and thirdly, that the court should have granted a non-suit.
Kinney, the man whom McElroy took in the buggy with him, and McElroy himself, swore that all was done for the best. They thought it best to get the horse home to Haynes, the owner, who was a livery-stable man and expert in the diseases of horses.
Under the ruling in 31 Ga., 348, we cannot say that there is not sufficient evidence to uphold the verdict. Dil
And such ought to be the law in the case of hiring-horses. The hirer — the bailor — entrusts the horse to the pei-son. who hires him. He cannot tell what diligence was used; he only knows that his horse left him well in the morning, as is sworn in this case, and at nightfall he is dead, half a mile from home. He who drove the horse,
Judgment affirmed.