father began to give his
decision, as follows:--
"I think that Rollo's giving Henry the dipper, with the fish in it, was
clearly a bailment of the fish; that is, it was an intrusting of his
property to Henry's care. It is clear also that Henry took pretty good
care of it. He tried to avoid losing it. He took as much care of it,
perhaps, as he would have done of a fish of his own. Still, he did not
take _very extraordinary_ or special care of it. The loss was not owing
to _inevitable_ accident. If the bailment was for Rollo's benefit, the
care he took was sufficient to save him from being liable; but, if it
was for his own benefit, then all he did was at his own risk; and the
loss ought to be his loss, and he ought to pay for it."
"But I don't see," said Mary, "that he was to blame in either case."
"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."
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