"The law requires," continued his father, "that you should take greater
care of any thing, if it is bailed to you for _your_ benefit, than it
does if it is for the benefit of the bailor. For instance, if you were
to borrow James's knife for your own benefit, and were to lose it, even
without any special carelessness, you ought to get him another; for it
was solely for your advantage, that you took it, and so it ought to be
at your risk. But if he asked you to take the knife to get it mended for
_his_ benefit; then, if you accidentally lose it, without any particular
carelessness, you ought not to pay for it; for it was placed in your
hands for his _advantage_, and so it ought to be at his _risk_."
"Well," said Rollo, "the wallet was given to me for Sarah's advantage,
not mine; and so I ought not to pay for it."
"That depends upon whether it was lost through gross carelessness, or
not. For when any thing is bailed to you for the benefit of the owner,
if it is lost or injured through _gross carelessness_, then the law
makes you liable. As, for instance, suppose you take James's knife to
get it mended, and on your way you throw it over the fence among the
grass, and then cannot find it, you ought to pay for it; for you were
bound to take good ordinary care of it."
"Well, sir," said Rollo.
"Well," repeated his father, "now as this property was bailed to you
solely for the advantage of the bailor, the question whether you ought
to pay for the loss of it, depends on whether you was grossly careless,
or not. If you took good ordinary care, and it was lost by accident,
then you are not liable."
"Well, father, I think it was accident; I do, truly."
"I rather think so myself," said his father, with a smile, "and I am
inclined to think that you are not responsible. If any body asks a boy
like you to carry money for them, gratuitously, then they take
themselves the ordinary risks of such a conveyance, and I think that, on
the whole, this accident comes within the ordinary risks. There was not
such gross carelessness as to make you liable. But then I am very sorry
to have Sarah lose her money."
"So am I," said Rollo. "And the wallet is gone too."
"How good a wallet was it?" asked his father.
"O, pretty good; only it was considerably worn."
"Haven't you got one that is pretty much the same, that you don't care a
great deal about?"
"Yes, sir," said Rollo; "it is in my desk. I had as lief that she would
have it as not."
"Very well," said his father; "you give her your wallet, and I will
replace the money."
Public-domain text, read in full here on John Shaqi.
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