Hart v. Lockwood

• Decision Date: 31 July 1891
• Citation: 23 A. 367,66 N.H. 541
• Parties: HART et al. v. LOCKWOOD.
• Court: New Hampshire Supreme Court

23 A. 367

66 N.H. 541

HART et al.

v. LOCKWOOD.

Supreme Court of New Hampshire. Belknap.

July 31, 1891.

Exceptions from Belknap county; before Justice Clark.

Action on the case by A. J. Hart and others against Henry C. Lockwood for driving plaintiffs' horse a greater distance than he was let to go, and for injuries to the horse caused by the defendant's negligence. Trial by the court. Verdict for the defendant. The declaration alleged that the horse was let to one Parker. A ground of defense was that the defendant had no interest in hiring and no control over the horse, but merely rode with Parker on his invitation. To rebut this the plaintiffs offered to show that Parker had been engaged in a conspiracy to defraud and had obtained goods by false pretenses, and that the defendant knew of the commission of these offenses. The evidence was excluded. Parker hired the horse to drive to Strafford, and drove 12 miles further to Rochester, where he took the train, and at his request the defendant drove the horse back to Laconia. The plaintiffs claimed that the defendant, inasmuch as he knew that the horse was hired to go only to Strafford, was, as a matter of law, liable to them for the use of the horse in driving back the extra 12 miles from Rochester to Strafford. The court held otherwise. The plaintiffs introduced evidence tending to show that the horse was uninjured when the defendant started on the return from Rochester, and thereupon contended that the burden of proof was upon the defendant to show that the horse was not injured by his negligence. The court ruled that the burden of proof remained on the plaintiffs. Plaintiffs except. Exceptions overruled.

F. M. Beck...