1 How. N.P. 262
Decided July 1, 1877
New York Supreme Court · decided 1877-07-01
Plaintiff kept a livery stable in Detroit. Defendant hired a horse of plaintiff on Sunday. Plaintiff testified that defendant said that he was going to a funeral. Defendant testified that he hired the horse till 6 p.m., and that the funeral was but incidentally involved in the transaction. Defendant took a ride up to Grosse Pointe. On his return, while the lady with him was driving, the horse stepped through a defective bridgeway, and received injuries which caused its death.
Decided 1877-07-01
¶1The Court,
¶2charged the jury, saying (among other things) that if defendant hired the horse to take him to a funeral, and went elsewhere, it was a conversion, and plaintiff is entitled to a verdict for the value of the horse. Attending a funeral on Sunday is in harmony with the statute allowing -works of necessity and mercy to be done on Sunday.
¶3(A. D., 1868.)