specific purpose,
and then return it to my possession."
"He does not bring it back to you," said Rollo.
"No, but he hangs it up in its place in my shed, which is putting it
again in my possession. And so all the things which Dorothy uses in the
kitchen are bailments."
"And if she breaks them, must she pay for them?"
"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
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