The declaration charges, that the cotton was delivered to the defendant in the way of his trade or employment as gin holder, and under a contract that he should gin and bale the same for a reasonable price or reward, and that
On the trial below, as shewn by the record, it was proved that lite defendant’s gin house, containing the plaintiff’s cotton, as also some of his own, was consumed by fire; that this happened by the falling of an open lamp among the cotton, from the band of the defendant’s son, while proceeding by his order, to hang up in the gin house a pair of steelyards; also, that the defendant was himself in the habit of carrying the open lamp into the gin house while containing cotton. It further appeared, that the son who dropped the fire, was about fourteen years of age; that the steelyards were to be hung on a nail, inside the door, from six inches to two feet from the margin thereof; that the boy had frequently been known to hang up and take down the steelyards without entering the house; that at this time the house was full of cotton, and that the defendant had said the fire was communicated by bis son’s falling at the gin house door when in the act of going in to hang up the steelyards.
Evidence as above stated having been introduced, the plaintiff offered as a witness, one Browning, a gin holder in said county, and propounded to him the following questions: What is the general custom of gin holders, in regard to carrying light about their gin houses when they contain cotton ? What is your custom in this respect ? Is it customary among gin holders to carry, or permit to be carried, in their gin houses, when they contain cotton, an open lamp with oil to afford light?
These questions being objected to by the defendant’s counsel, were excluded by the Court. The exclusion of this testimony is the only material assignment of error.
Here it is to be understood that the bailment was for the mutual benefit of the parties. The plaintiff wishing his cotton ginned and baled preparatory to market; the defendant, a gin holder and undertaker in such employment, agreed to receive the same and prepare it accordingly, for a reasonable reward. This was a bailment which required of the bailee ordinary care, and subjected him to responsibility for any loss that might happen from “ordinary neglect.’’'' Ordinary neglect is the omission of that care which every man oí common prudence, and capable of governing a family, takes of his oxvn concerns.
Jones on Bül» inept
A 2 Slavkie G72.
6 2 Starkie 973.
i?42 Starkie 453.