Skip to Content

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

Crawford v Cullen (1830) NSW Sel Cas (Dowling) 20; [1830] NSWSupC 7

bailment, maltreatment of animal, master and servant, negligent servant, felony attaint

Supreme Court of New South Wales

Hearing, March 1830[1 ]

Source: Dowling, Select Cases, Vol. 2, Archives Office of New South Wales, 2/3462

[p. 281]

[Where a Servant was left in charge of his Master's flock of Sheep and some of them were lost through his negligence.  Held that the Master could not recover the value against the servant there being no bailment to support the action.]

Crawford v Cullen 

Case for negligence states that on 1st June 1827 Plaintiff delivered to Defendant a Flock of Ewes of Plaintiffs £700. to be taken care of and safely and securely depastured and kept by defendant for the said Plaintiff for reasonable reward to Defendant in that behalf on 1st December conducted himself so carelessly and negligently and improperly in and about the care keeping and depasturing said Ewes that by mere negligence and improper conduct of Defendant a considerable number of Ewes to wit 37. value £74 were lost.

1 Plea Not Guilty  2nd Plea that Plaintiff should not maintain because at the time when Defendant was a transported Convict, felon and duly assigned to the Plaintiff.

Demurrer

 

Notes

[1 ] From its position in the notebook, it is likely that this case was heard in early March 1830.

Published by the Division of Law, Macquarie University