“I should think,” said James, “that the boy would have to pay, if he broke the watches.”
“Yes,” said Rollo’s father; “but we have nothing to do with the boy now, we are only considering the liabilities of the watchmaker.”
“And if it had been the lever that was broken,” asked Rollo, “what then?”
“Why, as to the lever,” said his father, “he was bound to take good care of it,—something more than mere ordinary care; and I don’t know whether the law would consider hanging watches up at a window as good care or not. It would depend upon that, I suppose. But the watches might be lost in another way. Suppose the watchmaker had sent the repeater home to me, and then, at night, had put the lever and the lady’s watch into a small trunk with his other watches, and carried them to his house, as watchmakers do sometimes. Now suppose that, when he got home, he put the trunk of watches down in a corner of the room; and suppose that there was a leak in the roof of his house, so that the water could come in sometimes when it rained. In the night there comes up a shower, and the water gets into the trunk, and rusts and spoils the watches. Now I think it probable that he would not have to pay for the lady’s watch, for he took ordinary care of that,—that is, the same care that he was accustomed to take of his own watches. But he might have to pay for the other; for he was bound to take good care of that one, as it was partly for his benefit that it was bailed to him; and putting them where they were at all exposed to be wet, would be considered, I suppose, as not taking good care of them.”
“And so he would not have to pay for the lady’s watch, in any case,” said Rollo.
“Yes, he would, if he did not take ordinary care of it; that is, if he was grossly negligent. For instance, if he should take all the rest of his watches home, and leave that in his shop upon the counter, where I had laid it down, and somebody should come in the night and steal it, then, perhaps he would be liable.”
By this time, Rollo’s father began to think that his law lecture had been long enough for such young students, and so he said that he would not tell them any more about it then. “But now,” said he, in conclusion, “I want you to remember what I have said, and practise according to it. Boys bail things to one another very often, and a great many disputes arise among them, because they don’t understand the law of bailment. It applies to boys as well as men. It is founded on principles of justice and common sense, and, of course, what is just and equitable among men, is just and equitable among boys.
“You must remember that whenever any thing belonging to one boy is intrusted to another in any way, if it is for the benefit of the bailee, if any accident happens to it, he must make it good; unless it was some inevitable accident, which could not have been prevented by the utmost care. If it is for the benefit of the bailor, that is, the boy who intrusts it, then he can’t require the other to pay for it, unless he was grossly negligent. And if it was for the common benefit of both, then if the bailee takes what may be called good care of it, he is not liable to pay; if he does not take good care, he is.”
Here ended the lecture on the law of bailment. James soon after went home, and Rollo in due time went to bed. The next morning, when he got up and began to dress himself, he thought one of the legs of his pantaloons felt somewhat heavy. He put his hand down to ascertain what was there, and he felt something at the bottom, between the cloth and the lining. It was Sarah’s pocket-book. When Rollo put it into his pocket, as he thought, he in reality slipped it inside of the lining, and it worked itself down to the bottom, as he was playing about. He pulled it out, and then, after he had dressed himself, he ran very joyfully to his father, to show it to him. His father was very glad that it was found, and told Rollo to carry it to Dorothy. Dorothy was very glad, too, for she was very sorry to have Rollo lose his own wallet, or his father lose his money. So she gave him back his wallet, and he replaced it in his desk where it was before, after giving his father back his money.