Yerkes v. Sabin
Decision Date | 21 June 1884 |
Docket Number | 11,564 |
Parties | Yerkes v. Sabin |
Court | Indiana Supreme Court |
Reported at: 97 Ind. 141 at 144.
From the Vermillion Circuit Court.
T. F Davidson, for appellant.
J. Jump and C. W. Ward, for appellee.
The appellant brought his action against the appellee to recover damages for an injury to a horse of the plaintiff, occasioned by the negligence of the defendant. There was an answer of general denial, and upon a trial by the court a special finding was rendered, to the conclusions of law in which the plaintiff excepted. He also moved, unsuccessfully, for a new trial.
The court found
The court stated as its conclusion of law "upon the foregoing facts, that the defendant is not liable to the plaintiff for the injury sustained by the plaintiff's horse."
When one engaged in the business of a ferryman for hire, in the course of such business, receives upon his ferry-boat for transportation a traveller with horses attached to a vehicle and driven by the traveller, who retains possession and control of the horses and vehicle upon the boat, the responsibility of the ferryman in relation to such animals is not the common law responsibility of a common carrier of goods in his exclusive custody and control. In such a case the ferryman has certain duties to perform, and is liable for loss or injury occurring through his neglect to perform them unless there be contributory fault on the part of the traveller. Among these is the duty to provide reasonably safe and convenient means for the departure from the boat of horses and vehicles transported thereon. White v. Winnisimmet Co., 7 Cush. 155; Wyckoff v. Queens County Ferry Co., 52 N.Y. 32; S. C., 11 Am. R. 650; Harvey v. Rose, 26 Ark. 3; S. C., 7 Am. R. 595; Lewis v. Smith, 107 Mass. 334; LeBarron v. East Boston...
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