Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

Anonymous [1809] NSWKR 6; [1809] NSWSupC 6

negligence - neglect of cattle

Bench of Magistrates
Atkins, J.A., 17 December 1809
Source: Sydney Gazette, 17 December 1809, 2

           A demand was at the same time set up by a herdsmen against the proprietor of several head of cattle in his charge on weekly pay at one shilling per head; against which it was objected that one of the cattle had from neglect strayed away, and the owner being obliged to pay a gratuity of 5s. to the finder, the like sum ought in justice to be stopped out of the demand for head-money; to which the Bench agreed, as the owner had bargained to pay a certain price for his stock to be taken care of, and should not answer that any additional charge consequent on the negligence of the person entrusted; - otherwise the proprietors of cattle would be constantly exposed to collusion among the different herdsmen, who for the sake of a gratuity might interchange the stock of different individuals, and render that kind of property incalculably expensive, by a species of fraud against which there would hardly be a possibility of guarding.

Published by the Division of Law, Macquarie University