Cases On Selected Topics in the Law of Persons

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That would, indeed, bring the common-law principle of protection within a narrow compass ; for there are few breaches of a bailment that are not subversive of it. The supposed act of subversion, in cases like the present, is the overwork- ing of a horse or the otherwise abusing of the thing bailed, which, by the way, is at the same time an indisputable breach of the contract, and ground sufficient for an action on it. This being so, it remains to be ■seen whether an infant is chargeable for it ...in the shape of a tort 330 WILT V. WELSH.
There are two cases {PoweM v. Zayton, 2 N. R. 365, suid WeaE v.
Kin(/, 12 East, 452) in which it is maintained that even an adult is not.
[After commenting on various case8.J Bat Campbell v. Stakes, though entitled to less authority merely as a decision, being the judgment of a popular court, yet distinctly enough discloses the foundation of the doctrine. The contract, it was justly said, comprises a promise to keep the thing from harm and return it at the stipulated time ; for a negligent breach of which, it was admitted, the infant would not be liable as for a tort.


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