“No, not unless she is grossly careless. If she exercises good ordinary care, such as prudent persons exercise about their own things, then she is not liable, because she is using them mainly for my benefit, and of course it must be at my risk. But if Sarah should come and borrow a pitcher to carry some milk home in, and should let it fall and break it by the way, even if it was not gross carelessness, she ought to pay for it; that is, the person that sent her ought to pay for it, for it was bailed to her for her benefit alone; and therefore it was at her risk.”
“I should not think you would make her pay for it,” said Rollo.
“No, I certainly should not. I am only telling what I should have a right to do if I chose.
“Sometimes a thing is bailed to a person,” continued Rollo’s father, “for the benefit of both persons, the bailor and the bailee.”
“The bailee?” said James.
“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.”