“O, no,” said his father; “he was not to blame for losing the fish, perhaps. That is not the point in these cases. It is not a question of who is to blame, but who ought to bear a loss, for which perhaps nobody is to blame.
“And you see,” he continued, “that it is reasonable that the loss should be borne by the person who was to have derived benefit from the risk. If the risk was run for Henry’s benefit, then he ought to bear the loss; which he would do by making Rollo compensation. If the risk was run for Rollo’s benefit, then Rollo ought to bear the loss himself.”
“Yes, sir,” said Rollo; “and it certainly was for Henry’s benefit, for he was trying to catch another fish for himself,—not for me. I had no advantage in it.”
“That is not so certain,” replied his father. “It depends altogether upon the question, who had a right to the dipper at that time. If Henry had a right to the dipper, then he might have even poured out the water, fish and all; or he might have kept the fish in, to accommodate Rollo. On the other hand, if Rollo had a right to the dipper then, and he let Henry have it, as a favor to him, then, in that case, the bailment was for Henry’s benefit.”
“Well, sir,” said Henry, “I had a right to the dipper, for it was mine; and so it was for his benefit, and I ought not to pay.”
“No, sir,” said Rollo; “he had let me have it, and I let him have my basket.”
“I only lent it to him,” said Henry.
“But you lent it to me for the whole walk,” said Rollo, turning round to Henry.
“You must only speak to me,” said his father. “In all debates and arguments, always speak to the one who is presiding.”