"Yes, the bailee is the person the thing is bailed to. For instance, if
I leave my watch at the watchmaker's to be mended, and I am going to pay
him for it, in that case you see it is for his advantage and mine too."
"And then, if it is lost, must he pay for it?"
"Yes; unless he takes _good_ care of it. If it is for his benefit alone,
then he must take _special_ care of it, or else he is liable for the
loss of it. If it is for my benefit alone, then he must take _ordinary_
care of it. For instance, suppose I had a very superior repeater watch,
which the watchmaker should come and borrow of me, in order to see the
construction of it. Then suppose I should leave another watch of
mine,--a _lever_,--at his shop to be repaired. Suppose also I should
have a third watch, a lady's watch, which I had just bought somewhere,
and I should ask him to be kind enough to keep it for me, a day or two,
till my watch was done. These would be three different kinds of
bailments. The _repeater_ would be bailed to him for his benefit; the
_lever_ for his and mine jointly, and the _lady's watch_ for my benefit
alone.
"Now, you see," continued Rollo's father, "that if these watches should
get lost or injured in any way, the question whether the watchmaker
would have to pay for them or not, would depend upon the degree of care
it would have required to save them. For instance, if he locked them all
up with special care, and particularly the repeater, and then the
building were struck with lightning and the watches all destroyed, he
would not have to pay for any of them; for this would be an inevitable
accident, which all his care could not guard against. It would have been
as likely to have happened to my repeater, if I had kept it at home.
"But suppose now he should hang all three watches up at his window, and
a boy in the street should accidentally throw a stone and hit the
window, so that the stone should go through the glass and break one of
the watches. Now, if the repeater was the one that was hit, I should
think the man would be bound to pay for it: because he was bound to take
_very special_ care of that, as it was borrowed for his benefit alone.
But if it was the lady's watch, which he had taken only as an
accommodation to me, then he would not be obliged to pay; for, by
hanging it up with his other watches, he took _ordinary_ care of it, and
that was all that he was obliged to take."
"I should think," said James, "that the boy would have to pay, if he
broke the watches."
"Yes," said Rollo's father; "but we have nothing to do with the boy now,
we are only considering the liabilities of the watchmaker."
"And if it had been the lever that was broken," asked Rollo, "what
then?"
Public-domain text, read in full here on John Shaqi.
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