
    Bradley H. Thompson vs. Edward Shaw.
    
      Trover — Sunday Hiring — Necessity.
    Plaintiff kept a livery stable in Detroit. Defendant hired a horse of plaintiff on Sunday. Plaintiff testified that defendant said that he was going to a funeral. Defendant testified that he hired the horse till 6 p.m., and that the funeral was but incidentally involved in the transaction.
    Defendant took a ride up to Grosse Pointe. On his return, while the lady with him was driving, the horse stepped through a defective bridgeway, and received injuries which caused its death.
   The Court,

Walker, J.,

charged the jury, saying (among other things) that if defendant hired the horse to take him to a funeral, and went elsewhere, it was a conversion, and plaintiff is entitled to a verdict for the value of the horse. Attending a funeral on Sunday is in harmony with the statute allowing -works of necessity and mercy to be done on Sunday.

(A. D., 1868.)  