parties is important. The following table shows a common classification expressed in a way to explain itself. Usually the text-book writers use the Roman nomenclature which is given in parenthesis.

226. A, who is about to travel, asks B to take care of some valuable plants while he is gone. B accepts and the plants are delivered. This is a bailment for the sole benefit of A, the bailor, and is called a depositum. If A had sent the plants to B to be re-potted or to have anything else done to them, the bailment, being gratuitous and for the sole benefit of the bailor, would be termed a mandatum.

227. B borrows A's automobile. This is a gratuitous loan for the sole benefit of the bailee.

228. A borrows $100 from B and gives B as security for the loan five shares of stock. This bailment is for the benefit of both parties and is termed a pignus, pawn or pledge. It enables A to procure the loan and it assures to B the return of his money.

229. B hires from A a horse and buggy for an afternoon and agrees to pay A two dollars. Here A is giving B the use of his property for compensation. This bailment is termed a locatio rei or hiring.

230. A stores his household furniture with B at $10 a month. This is another form of bailment for the benefit of both parties and is called a locatio custodia.

231. A sends his carriage to B, a carriage-maker, to be repaired. This form of bailment for mutual benefit is called a locatio operis faciendi.

232. A gives B a trunk to take to C and agrees to pay B $1. This bailment is termed locatio operis mercium vehendarum.

196. Extraordinary bailments.-In two cases of bailments the parties have certain rights and duties that are not granted or imposed by the law in the case of ordinary bailments. For that reason the bailment that arises when goods are intrusted by a guest to the protection of an innkeeper, and the bailment that arises when a shipper of goods delivers them to a common carrier for transportation will be considered separately. The contracts usually entered into between carriers of passengers and by telegraph and telephone companies are in several respects like contracts of bailment.

197. Contract of bailment.—The rights, duties and liabilities of the parties to a bailment are determined by the terms of the express or implied contract between the parties. Where the contract has not been expressed, its terms will be implied by law from all the surrounding circumstances, and where there is any doubt, the tendency is to spell out a bailment for mutual benefit. The parties ordinarily may restrict their liabilities, except those arising out of fraud or negligence, in any way by mutual consent.

198. Use and care of bailed property.-A bailee is bound to use and care for property intrusted to his possession according to the terms of his contract. A departure from the terms of the contract will render

him liable in an action for breach of contract, and if the departure amounts to an assertion of title or right of dominion over the property he will be guilty of conversion. There is no definite legal rule placing the duty to repair a bailed object on either the bailor or the bailee, but the question is governed by custom and usage and depends largely on the character of the object.

199. Obligations of bailor in a bailment for his sole benefit. If a bailment has been made for the benefit of the bailor alone, he is bound to pay only extraordinary expenses and to notify the bailee of unapparent risks. While the services of the bailee are gratuitous, extraordinary expenses are not contemplated by the contract.

EXAMPLES

233. B undertakes to take A's horse, care for him and exercise him for a month while A is traveling and to charge B nothing for the care and trouble. The horse becomes ill and requires the attention of a veterinary. B is entitled to reimbursement for this extraordinary expense.

234. A requests B to mind a bundle. B accidentally drops it and it explodes. A is liable for damages unless he notified B of the dangerous qualities of the bundle.

200. Obligations of bailee in bailment for sole benefit of bailor.-While an executory contract of this kind cannot be enforced by the bailor on account of lack of consideration, a bailee who enters upon its execution becomes obligated to the bailor to care for and use the object taken into his possession according to certain rules of law. The bailee's duty to protect the article will depend upon its character. More care is required to protect a diamond from loss or theft than it is usually necessary to bestow on a truck, though both may be of the same value.

The question of negligence is determined according to the following rule: Would it be negligent for a man of less than ordinary prudence to care for the same object in the same way in which the bailee has cared for it? If so, the bailee is responsible for its loss or destruction. It is difficult to define just how great is the care expected of a prudent man of less than ordinary prudence, and whether this amount of care (called "slight care") has been exercised is always a question of fact to be determined by a jury. The question is one of degree. Some care, some prudence must be shown, but less in this case than in other forms of bailment. At the termination of the bailment the bailee is bound to return the subject-matter and any profit or increase derived from it.

EXAMPLES

235. B agrees to keep A's automobile in his stable during the winter. The water in the cooling apparatus freezes and cracks a part of the machinery. B would not be responsible for not having drawn off the water.

If B had used the automobile and it had been injured without any fault of B, he would nevertheless be responsible, for his use of the vehicle would be a departure from the terms of the contract.

236. A rides up to B's house on his bicycle and asks B to keep it for him over night. B consents, but leaves the machine on his porch and it is stolen. For this gross negligence B would probably be responsible. On the other hand it might not be negligent to leave a bicycle outside the house in some country places.

237. B agrees to care for and pasture A's cow. During the period of the bailment a calf is born. At the expiration of the agreed period B is bound to turn over the cow and the calf to A.

201. Bailment for the sole benefit of the bailee.—In a bailment for the sole benefit of the bailee, the bailor is liable for any injuries that may arise from the use of the object by the bailee if such injuries are caused by a latent defect known to the bailor. This, of course, applies only in cases where he does not notify the 'bailee. If, after notice, the bailee accepts the object and uses it, he assumes the risk.

In this form of bailment the care required of the bailee in using and keeping the bailed property is greater than in any other general form of bailment. In the case of a bailment for the sole benefit of the bailor only "slight care" is demanded, but in this form of bailment the bailee is bound to exercise "great" care. It is difficult to describe just what is meant by "great" care, nor does it help very much to say that it is the care that a very prudent man would exercise. Where the bailee is bound by circumstances threatening the safety of his own property and that of his bailor to make a choice he ought to prefer the latter.

While the bailee is entitled to use the article for the purpose for which it was borrowed, he may not use it for any other purpose nor may he lend it to another. Should the bailee misappropriate the article in either way he would become absolutely responsible for its safety, even where it is injured or lost by inevitable accident. The bailee is bound to re-deliver the object with profits and increase upon the termination of the bailment.

EXAMPLES

238. B borrows A's dog to protect his barn from the nightly visits of chicken thieves. The dog is vicious and has several times attacked A. If A tells B of the vicious propensities of