{
  "id": 8684130,
  "name": "ALEXANDER S. ROWLAND v. THOMAS J. JONES",
  "name_abbreviation": "Rowland v. Jones",
  "decision_date": "1875-06",
  "docket_number": "",
  "first_page": "52",
  "last_page": "53",
  "citations": [
    {
      "type": "official",
      "cite": "73 N.C. 52"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T17:55:27.517682+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ALEXANDER S. ROWLAND v. THOMAS J. JONES."
    ],
    "opinions": [
      {
        "text": "Reade, J.\nThe defendant hired of the plaintiff a horse and buggy and driver to go from L. to F., a distance of 33 miles, which he traveled in seven hours and a half, on a very hot day in September, and the horse was overcome with heat and died.\nThe defendant asked his Honor to charge, that there was no such negligence as to make him liable. ITis Honor declined; but charged that it was for the jury to say from the evidence \u201c whether the defendant had exercised that care which a prudent man would have used with his own property.\u201d\nWe think this charge was right. What is due care is a question for the Court; and his Honor correctly defined it to be \u201cthe care which a prudent man would take of his own.\u201d Whether the defendant took such care depended upon the facts which the jury should find. And the jury found that he did not. The facts are not stated in detail; and at the first blush it does not seem that 33 miles in seven hours is hard driving. But then the condition of the road, the supply of water; &c., make a great difference. Deep sand, no water, a heavy load and a hot sun may have exhausted the horse. The testimony was that he was \u201covercome with heat and died next morning.\u201d And the jury find the fact that the defendant did not take the care which a prudent inan would of his own.\nThere \u00cd3 no error.\nP\u00ed:k Ctjkiam.\nThe judgment must be affirmed.",
        "type": "majority",
        "author": "Reade, J. P\u00ed:k Ctjkiam."
      }
    ],
    "attorneys": [
      "W. McL. McKay, for the appellant.",
      "A7. A. McLean and Leitch, contra."
    ],
    "corrections": "",
    "head_matter": "ALEXANDER S. ROWLAND v. THOMAS J. JONES.\nIn cases of bailment, what is due care is a question to be decided by the-Court.' Whether the bailee has exercised such care is a question to be decided by the jury. Therefore where A brought an action against B to recover the value of a horse, hired to B: Held, That it was not error for his Honor to charge the jury \u201c that it was for the jury to say from the evidence whether the defendant had exercised that care which a prudent man would have used with his own property.\u201d\nCivil actioN to recover the value of a horse, tried before Clark, J., at Fail Term, 1874, RobesoN Superior Court.\nAll the facts necessary to an understanding of the case are Stated in the opinion of the Court.\nThere was a verdict and judgment in favor of the plaintiff, and the defendant appealed.\nW. McL. McKay, for the appellant.\nA7. A. McLean and Leitch, contra."
  },
  "file_name": "0052-01",
  "first_page_order": 60,
  "last_page_order": 61
}