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Trespasser Not a Bailee

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TRESPASSER NOT A BAILEE. It is a general rule that where one comes into possession of property of another by reason of a trespass, or wrongful act, he cannot claim to be a bailee of the property. If such person were allowed the rights of a bailee he would only be held for the exercise of due care in reg-ard to the property, and not be responsible for injuries to it which occurred without his fault. But a trespasser or wrongdoer is made an insurer of the prop erty which he has secured, and is held responsible for any injury to it, regardless of the question of negli gence. So, where one person takes the horse of an other as a trespasser, and while in his possession the horse is killed by a third party, without fault of the trespasser, he is yet held responsible for the loss of the horse.

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