Early v. Wilson

2 Del. 47

Opinion

The Court

charged the jury, that the law of bailment for hire, requires a man to take only such care of the thing hired, and to treat and use it in such manner, as a man of ordinary prudence and discretion would use and take with his own property. That a hiring to go from Bridgville to Milton and back, did not confine the defendant to any particular route ; he had the choice of roads, using due and ordinary prudence in the selection; and any deviation even from the road chosen, if made prudently to rest or refresh the horse, or for any other purpose, so that it was not detrimental to the horse, would not make the hirer liable for'damages. *

The defendant had a verdict.