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67 Ill. 272

Francis v. Shrader

Illinois Supreme Court

Decided January 15, 1873

Illinois Supreme Court · decided 1873-01-15

James Steele, Judge, presiding. This was an action on the case, by George E. Shrader against John E. Francis, to recover the value of a mare which the defendant had taken from the plaintiff to break for him for her use. While she was being broken, she and the defendant’s team ran away, and she was killed. A trial was had, resulting in a verdict and judgment against the defendant for $100, from which he appealed.

Decided 1873-01-15

Per Curiam :

¶1We are not satisfied with this verdict on the evidence, and think the jury must have been misled by the first instruction for the plaintiff. They are told the defendant was under obligation to take extraordinary care of the mare if she was loaned by the plaintiff to the defendant without compensation. This is true as a legal proposition, but the objection is, that the mare was not loaned without compensation, even upon the plaintiff’s own testimony. The mare was delivered to the defendant to be broken to service, and he was only b'ound to ordinary care. The jury probably understood the word “compensation,” used in the instruction, as a money compensation. Although the instruction for defendant stated the law correctly, we think the jury was misled by the first given for plaintiff.

¶2Judgment reversed.

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