BAILEES.

153]

AGAINST &c. of the said A. B. of great value, to wit, of the value, &c. and which said last-mentioned hamper, and its contents aforesaid, were then and there intended to be shipped, for and on account of the said A. B. to be by him the said C. D. safely and securely kept at and upon the said wharf until the same should be so shipped as aforesaid, for a reasonable wharfage and reward, to and for the said C. D. he the said C. D. undertook, &c. the said A. B. that he the said C, D. would safely and securely keep the said last-mentioned hamper, and its con.. tents aforesaid, at and *upon the said wharf, until the same should be so shipped as last aforesaid. And although the said C. D., had and received the said last-mentioned hamper and its contents aforesaid, for the purpose last aforesaid, yet the said C. D. not regarding, &c. but contriving, &c. in this behalf, did not nor would safely or se curely keep the said last-mentioned hamper and its contents aforesaid, at or upon the said wharf, until the same was so shipped as last aforesaid, but on the contrary thereof, he the said C. D. so carelessly and negligently conducted himself in this behalf, that by and through the mere carelessness and negligence of the said C. D. and his servants, the said last-mentioned hamper, and its contents aforesaid, being of the value aforesaid, were afterwards and before the same were so shipped, as last aforesaid, wholly lost to the said A. B. to wit, at, &c. aforesaid.

Fourth count,

for not safely keeping the hamper generally.

Fifth count,

And whereas, also, &c. [same as third count as far as the †, and then proceed as follows:] to be by him the said C. D. safely and securely kept for the said A. B. he the said C. D. undertook, &c. the said A. B. that he the said C. D. would safely and securely keep the said last-mentioned hamper, and its contents aforesaid, for the said A. B. as aforesaid. And although the said C. D. then and there had and received the said last-mentioned hamper, and its contents aforesaid, for the purpose last aforesaid, yet the said C. D. not regarding, &c. but contriving, &c. in this behalf, did not nor would safely and securely keep the said last-mentioned hamper and its contents aforesaid, but on the contrary thereof, he the said C. D. so carelessly and negligently conducted himself in that behalf, that by and through the mere carelessness and negligence of the said C. D. the said Jastmentioned hamper, and its contents aforesaid, being of the value aforesaid, became, and were wholly lost to the said A. B. to wit, at, &c. aforesaid.

And whereas also heretofore, to wit, on, &c, aforesaid, at, &c. [same on a promise as last count, as far as t, and then proceed as follows:] and to redeliver. safely to keep the hamper the same to him the said A. B. when he the said C. D. should be thereto and redeliver afterwards requested. And although the said C, D. was afterwards, it on request. [154] to wit, on, &c. requested by the said A. B. to redeliver the said lastmentioned hamper and its contents aforesaid, to him the said, A. B. to wit, at, &c. aforesaid, yet the said C. D. not regarding, &c. did not

nor would at the said time, when he was so requested as aforesaid, or at any time afterwards, redeliver the said last-mentioned hamper and its contents aforesaid, or any part thereof, to the said A. B. but he so to do, hath hitherto wholly neglected and refused, and still doth neglect and refuse, to wit, at, &c. aforesaid.-[Add counts for money had and received, and the account stated, if there be any reason to apprehend that the defendant may have received the value of the goods.]

AGAINST

BAILEESN

badly shoeing

For that whereas, the said A. B. heretofore, to wit, on, &c. at, &c. 26. Against a at the special, &c. retained and employed him the said C. D. (he farrier for the said C. D. then and there being a farrier) in the way of his said plaintiff's business of a farrier, to shoe a certain horse of the said A. B. of great horse (g), value; and in consideration thereof, and also in consideration of certain reasonable reward, to the said C. D. in that behalf, he the said C. D. then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, &c. the said A. B. to shoe the said horse in a skilful, careful, and proper manner; and although the said C. D, then and there had and received the said horse for the purpose aforesaid, and shoed the same, yet the said C. D. not regarding, &c. but contriving, &c. in this behalf, did not nor would shoe the said horse in a skilful, careful, and proper manner, but wholly neglected so to do; and on the contrary thereof, he the said C. D. after the making of his said promise and undertaking, to wit, on, &c. aforesaid, at, &c. aforesaid, so unskilfully, carelessly, negligently, and improperly shoed the said horse, that by and through the mere unskilfulness, carelessness, and improper conduct of the said C. D. in this behalf, the near foot before of the said horse was then and there pricked and wounded; and the said C. D. [*155 | then and there put and placed too narrow a shoe on the said horse, and thereby and otherwise so improperly shoed the said horse, that by means of the said several premises the said horse then and there became and was lamed and hurt, and so remained and continued for a long space of time, to wit, from thence hitherto, during all which time the said A. B. thereby lost and was deprived of the use and benefit of his said horse, and also thereby, he the said A: B. was forced and obliged to and did necessarily lay out and expend a large sum of money, to wit, &c. in and about the endeavouring to heal and cure the said horse, and the said horse was and is by means of the said premises greatly damaged and deteriorated in value, to wit, at, &c. aforesaid. [Add one or more special counts less particular and adapted to the na ture of the case.]

(g) This action is founded on the it properly, 1 Saund. 312. n. 2. 1 Hen. implied contract, that every workman, Bla. 158. 7 T. R. 171.-5 T. R. 150.&c. undertaking any work, will perform

AGAINST
BAILEES.

27. Against
a carrier by
land, for the

loss of a box
(h)
[156]

For that whereas the said C. D. before and at the time of the making of his promise and undertaking hereinafter next mentioned, was a common carrier of goods and merchandize for hire, in and by a certain waggon, (or, " coach,") from to (i), to wit, at, &c. And the said *C. D. being such carrier as aforesaid, the said A. B. heretofore, to wit, on, &c. at, &c. aforesaid, at the special instance and request of the said C. D. caused to be delivered to him the said C. D. so being such carrier as aforesaid, at, &c. aforesaid, a certain box containing certain goods and chattels, to wit, &c. (describe them (k), of the said A. B. of great value, to wit, of the value of L., of lawful, .&c. to be taken care of, and safely and securely carried and conveyed by the said C. D. as such carrier as aforesaid, in and by the said waggon, (or, "coach,") from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid, to be safely and securely delivered by the said C. D. for the said A. B.; and in consideration thereof, and of certain reward to him, (2), the said C. D. in that behalf, he the said C. D. being such carrier as aforesaid, then and there, to wit, on, &c. aforésaid, at, &c. aforesaid, undertook, and faithfully promised the said A. B. to take care of the said box and its contents aforesaid, and safely and securely to carry and convey the same in and by the said waggon, (or, "coach,") from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid,, safely and securely to deliver the same for the said A. B. And although the said C. D. as such carrier as aforesaid, then and there had and received the said box and its contents aforesaid, for the purpose aforesaid, yet the said C. D. not regarding his duty as such carrier, nor his said promise and undertaking so

(h) The action should be brought in the name of the consignee of the goods, when they are sent at his risk, as is most usual, and not in the name of the consignor, 8 T. R. 330. B. N. P. 36. 3 P. Wms. 186. 3. B. and. P. 582. 2 Saund. 47. h. Cowp. 295. 3.TR 469. Morg. Prec. 131. See the modern decisions as to the liability of carriers, and the form of declaring, Selwyn's Ni. Pri tit. Carrier. 4 East. 371.-5 East, 428. 512.-6 East. 564. According to the last case, the declaration may be in the usual form, though under the usual advertisement the carrier may be liable only to the amount of L.5. The declaration may be either in assumpsit or case, 5 Mod. 92, 2 Salk. 440. The lat ter form of action is preferable, if there

be

any doubt as to the defendant's having a partner, because in an action on

the case, the joinder of too many de fendants will not prejudice, nor can the defendant plead in abatement the nonjoinder of his copartners, 3 East. 62.

(i) It does not appear to be necessary to commence with an inducement of the defendant's being a common çarrier, or of the nature of the conveyance, but the declaration will suffice if it merely state the delivery to the defen. dant of the goods, &c, to be carried from, &c. to, &c. and his undertaking to carry accordingly. 1 Wils. 281.— Bac. Ab. Carrier, A. Com. Dig. Action on Case for Negligencé.

(*) An exact description is not material. 2 Saund. 74. a.

(1) This is sufficient without shewing what reward, 13 East. 114. n. a. 2 New Rep. 458. 3 Lord Raym. 115.

AGAINST

BAILEES.

[157]

time.

made as aforesaid, but contriving, and fraudulently intending craftily and subtly to deceive and injure the said A. B. in this behalf, hath not taken care of the said box and its contents aforesaid, or safely or securely carried or conveyed the same from, &c. aforesaid, to, &c. aforesaid, nor hath there, to wit, at, &c. aforesaid, safely or securely delivered the same for the said A. B.; but on the contrary thereof, he the said C. D. being such carrier as aforesaid, so carelessly and negligently behaved and conducted himself, *with respect to the said box and its contents aforesaid, that by and through the mere carelessness, negligence, and improper conduct of the said C: D. and his servants in this behalf, the said box and its contents aforesaid being of the value aforesaid, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, became and were wholly lost to the said A. B. to wit, at, &c. aforesaid. And whereas also afterwards, to wit, on, &c. aforesaid, Second count, at, &c. aforesaid, in consideration that the said A. B. at the special for not carrying within a instance and request of the said C. D. had then and there caused reasonable to be delivered to him the said C. D. divers other,goods and chattels, to wit, &c. of great value, to wit, of, &c. to be taken care of, and safely and securely carried and conveyed by the said C. D. from, &c. * aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid, to be delivered by the said C. D. to the said A. B. for certain reward to the said C. D. in that behalf, he the said C. D. undertook, &c. to take care of the said last-mentioned goods and chattels, and safely and se, curely to carry and convey the same from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid, to deliver the same for the said A. B. in a reasonable time then next following. And although the said C. D. then and there had and received the said last-mentioned goods and chattels for the purpose aforesaid, and although a reasonable time for the carriage, conveyance, and delivery thereof as aforesaid, hath long since elapsed, yet the said C. D., not regarding, &c. but contriving, &c. did not, nor would within such reasonable time as aforesaid, or at any time afterwards, although often requested so to do, safely and securely carry and convey the said last-mentioned goods and chattels from, &c. aforesaid, to, &c. aforesaid, nor there, to wit, at, &c. aforesaid, deliver the same for the said A. B. but hath hitherto wholly neglected and refused so to do, whereby the said last-mentioned goods and chattels, being of the value aforesaid, have been and are wholly lost to the said A. B. to wit, at, &c. aforesaid.[Add "counts`. for money had and received, and upon an account stated.]

For that whereas the said C. D., before and at the time of the 28. Against a

(m) This count is founded on the undertaking implied by the plaintiff's having taken a place. If no place have been taken, and the defendant refuse to carry the plaintiff or his luggage, having room for that purpose, the de

coach-owner, for not carrying a passen

claration should be in case, as post. ger (m).

Which action is sustainable, B.
N. P. 70. 2 Show. 327-1 Show. 105.
-Dyer. 158.-8 Co. 32. 1 Saund. 312,
n. e.-5 T. R. 149.—Ld. Raym. 652. 4.

AGAINST

BAILEES.

[* 158]

[159]

making of his promise and undertaking, hereinafter next mentioned, was the owner and proprietor of a certain coach, or carriage, going and passing from, &c., to, &c. for the carriage and conveyance therein of passengers, and their luggage, for certain reasonable hire and reward (n), to wit, at, &c. And thereupon, heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said A. B. at the special, &c. would take and engage a place or seat in the coach, or carriage, of the said C. D., to be carried and conveyed therein, as a passenger, from a certain place, called, &c. to, &c. aforesaid, together with his luggage, to be carried and conveyed by the said coach, from the said place, called, &c. to, &c. aforesaid, at and for certain reasonable hire or reward, to be therefore paid by the said A. B. to the said C. D. in that behalf, he the said C. D. then and there undertook, &c. to carry and convey the said A. B. together with his said luggage, in and by the said coach or carriage, from the said place, called, &c. to, &c. aforesaid. And the said A. B. in fact saith, that although he confiding, &c. did afterwards, to wit, on, &c. at, &c. aforesaid, take and engage a place, or seat, in the said coach, or carriage, to be carried and conveyed, together with. his said luggage, in and by the said coach, or carriage, from the said place, called, &c. to, &c. aforesaid. And although the said A B. from the time of making the said promise, &c. was ready and willing, and on, &c. aforesaid, to wit, at, &c. aforesaid, was ready at the said place, called, &c. to be carried and conveyed, together with his said luggage, in or by the said coach, or carriage, from thence, to, &c. aforesaid, and the said A. B. there requested the said C. D. to carry and convey him the said A. B. together with his said luggage, in or by the said coach, or carriage, from the said place, called, &c. *ta, &c. aforesaid; yet the said C. D. not regarding, &c, but contriving, &c. did not nor would, when he was so requested as aforesaid, or at any other time, carry or convey him the said C. D. together with his said luggage, in or by the said coach or carriage, called, &c. to, &c. but then and there wholly neglected, and refused so to do, to wit, at, &c. aforesaid, whereby he the said A. B. was then and there forced and obliged to hire and procure another conveyance, from, &c. aforesaid, to, &c. aforesaid, and was thereby also put to great trouble and inconvenience, and to great expense of his monies, in the whole, amounting to a large sum of money, to wit, &c. and was and is by means of the premises otherwise greatly injured and damnified, to wit, at, &c. aforesaid.[State any special damage which the plaintiff may have sustained, and add a count or counts, omitting the inducement and statement, that the defendant was owner of the coach, and what relates to the luggage also the money counts, and account stated, and breach.]

(n) 2 New. R. 458.