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Property Keyed to Saxer
LaPlace v. Briere
Citation:
962 A.2d 1139 (N.J. Super. Ct. App. Div. 2009)Facts
Plaintiff was the owner of a horse named Park Me In First. Plaintiff boarded the horse at Defendant Briere’s stable in between showing the horse at various competitions throughout the country. Plaintiff paid Briere a monthly stable fee and in return, the stable was responsible for providing the horse its basic necessities as well as training and medical care.
Defendant Bridgwood also kept her horse at Briere stable. One day while Plaintiff and Briere were away at a competition, she went to the stable to see if she could assist in training the horses, which she did. She claimed that she was given permission to do this from a stable employee who was responsible for overseeing the stable while Briere was away. She first exercised her horse for about fifteen minutes without incident and then proceeded to exercise Park Me In First. She selected him for exercising because she knew he was well mannered and believed Plaintiff, a friend, would appreciate her doing so. Plaintiff, however, maintained that the only people authorized to handle his horses at the stable were Briere’s employees and that he never gave Bridgwood permission to handle his horses outside of his presence. While being exercised by Defendant Bridgwood that day, Park Me In First suddenly died. The cause of the horse’s death was never discovered. Plaintiff commenced an action for conversion against Bridgwood, as the tortfeasor, and Briere, as bailee of the horse.
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Topic Resources
Topic Refresher Course
Trespass to Chattels and Conversion