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Our wiser caupones, I am told, know how to fatten their fowls, as well as their geese, for the London markets, by mixing gin instead of figs and fat with their food; by which they are said to become sleepy, and to fatten apace, and probably acquire enlarged livers; as the swine are asserted to do, which are fed on the sediments of barrels in the distilleries; and which so frequently obtains in those, who ingurgitate much ale, or wine, or drams.
It appears, from the foregoing evidence, that we cannot determine what classes of bailees are subject to the strict responsibility imposed on common carriers by referring to the Praetor's Edict and then consulting the lexicons under Nautoe, Caupones, or Stabularii. The question of precedent is simply to what extent the old common law of bailment still survives.
Morse v. Slue is cited and relied on, and there is no hint of dissatisfaction with the other cases. On the contrary, they furnished the examples of bailees for reward exercising a public calling. In the next place, the strict rule is not confined to nautae, caupones, and stabularii, nor even to common carriers; but is applied to all bailees for reward, exercising a public calling.
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