In bailments for storage, for hire, the bailee acquires a right to defend the property as against third parties and strangers, and is answerable for loss or injury occasioned through his failure to exercise ordinary care. 'See TRESPASS; TROVER.
As to the lien of warehousemen and wharf ingers for their charges on the goods sto..ed with them, see LIEN, and Edwards, Bailm. 284, 297, 307.
The hire of things for use transfers a spe cial property in them for the use agreed upon. The price paid is the consideration for the use: so that the hirer becomes the temporary proprietor of the things bailed, and has the right to detain them from the general owner for the term or use stipulated for. It is a contract of letting for hire, analogous to a lease of real estate for a given term. Ed wards, Bailm. 309-338. See HIRE.
6. In a general sense, the hire of labor and services is the essence of every species of bail ment in which a compensation is to be paid for care and attention or labor bestowed upon the things bailed. The contracts of warehouse men, carriers, forwarding and commission merchants, factors, and other agents who re ceive goods to deliver, carry, keep, forward, or sell, are all of this nature, and involve a hiring of services. In a more limited sense,
a bailment for labor and services is a con tract by which materials are delivered to an artisan, mechanic, or manufacturer to be made or wrought into some new form. The title to the property here remains in the party delivering the goods, and the workman acquires a lien upon them for his services be stowed upon the property. Cloth delivered to a tailor to be made up into a garment, a gem or plate delivered to a jeweller to be set or engraved, a watch to be repaired, may be taken as illustrations of the contract. The owner, who does not part with his title, may come and take his property after the work has been done; but the workman has his lien upon it for his reasonable compensation.
The duties and liabilities of common car riers and innkeepers, under the contract im plied by law, are regulated upon principles of public policy, and are usually considered by themselves. 5 Bingh. 217 ; 3 Hill, N. Y.
Consult Jones, Edwards, Story on Bail ments; 2 Kent, Comm. 559 et seq. ; Parsons, Contracts.