Mooers v. Larry , 81 Mass. 451 ( 1860 )

By the Court.

By the contract of hiring, the defendant agreed to use reasonable care and skill; and unless there was a manifest incapacity of the defendant to use such care and skill, as in the cases put as illustrations by the judge who presided at the trial, it was immaterial whether the plaintiff expected or had reason to expect that the defendant would be careless or unskilful or not. Exceptions overruled.