case the report of this case in Lord Raymond be much full and more  satisfactory than this the learned editor of coke upon Littleton speak of Lord  holt argument upon this subject say Lord chief justice holt argument in that  case as report by Lord Raymond particular merit attention it be a most  masterly view of the whole subject of bailment hark   Litt b n clog vers  barnard in b r see SC ld raym e r with note if a man who be not a common  carrier and who be not to receive a premium undertake to carry good safe he be  answerable for any damage they may sustain through his neglect or default vin  Abr title bailments c pl raym c raym Ent holt SC salk SC salk SC Com dig bull  Ni Pri edit p cro James Bac Abr Jones on bail pow on count this be a action  upon the case in which the plaintiff declare that the defendant super see  assumpsit to carry safe a hogshead of wine and that by the comens er p default  of the defendant the wine be lose and after a verdict for the plaintiff it be  move in arrest of judgement that the declaration do not show that the  defendant be a common carrier or that for any sum of money super see assumpsit  and so comens there be no appearance of any premium give to the defendant no  action lie and it be resolve by all the judge of the court that the action lie  for here be a special undertake and although the defendant may have refuse to  carry the wine yet as be make a voluntary undertake to carry it safe if he do  not do it he shall be punish for the damage which the plaintiff suffer by his  neglect there be six sort of bailments which be sufficient for the maintenance  of a action sir William Jones in his excellent treatise upon the law of  bailments make the follow observation upon this division this division that be  sir John holt of bailments into six sort appear in the first place a little  inaccurate for in truth his five sort be no more than a branch of his three  and be may with equal reason have add a seven since the five be capable of  another subdivision I acknowledge therefore but five species of bailment essay  on the law of bailment p first a naked bailment when a man deliver good to  another to keep second when a man send cattle to another which be profitable  gratis three when a man deliver good or cattle to another for hire four when  good be deliver to another as a pledge five when good be deliver to another to  be carry for hire six when good be deliver to another to be convey or for a  particular purpose without hire if a man bath good upon a naked bailment be be  not Chargeable if they be lose c neither be he Chargeable for a common neglect  and therefore Southcots Rep b cro Elizabeth S c it be say in Mod that croak  report of this case be preferable to that by coke hark   Litt a b a that  notion in southcote case Rep b that a general bailment to be safe keep be all  one be deny to be law by the whole court exrelatione mri Bunbury raym note to  d edit jones case be not good law which say that a man shall charge in a  action on a general bailment and it bath be the general practice for twenty  year last pass if a man bath good to keep and they be steal although there e  neglect in he as if he omit to shut the door c be shall not be charge with  they if he keep they with the same care that he do his ownWe find the follow  sentiment upon this subject in Paley principle of moral and political  philosophy vol p whoever undertake another man business make it his own that  be he promise to employ upon it the same care attention and diligence that he  will do if it be actual his own for he know that the business be commit to he  with that expectation and he promise nothing more than this so if a man make a  bailment to another and be make a express promise to keep the thing safe yet  he be not Chargeable without his wilful default for such promise shall not  charge he further than he be Chargeable before it will not do so if it be in  write and for the same reason it shall not do it if it be by parole the second  species of bailment oblige to a strict care for if a man permit another to  have his horse into the west and comens be ride to the north and the horse die  the bailee shall be charge for he but if such horse be steal out of the stable  without any fault in the bailee be shall not be charge otherwise if he permit  the door to be open and the horse be steal for then he shall be charge the  three species of bailment be when good be leave with the bailee to be use by  he for hire and in this case the bailee be oblige to take the utmost care and  to return the good when the time of hire be expire the four species as  bailment be as a pledge and if the use of the thing will hurt it the bailee  must not use it but if the use will not hurt the thing pledge the bailee may  use they as jewel c but if the bailee use they and they be lose be shall  answer for they but if he do not use they but keep they in his chest and they  be steal he shall not answer for they if the keep of the pledge be Chargeable  then the bailee may use it as if a cow be pledge the bailee shall have the  milk comens but when the money be tender for the good pledge and the bailee  refuse to deliver they then his special property be determine and he by the  detainer be a wrongdoer and if the good be afterward steal be shall answer for  they the five species of bailment be for carry for hire as where a man deliver  good to they who have a common or public trust as a common carrier or hoiman c  if these be rob by enemy of the king they shall not be answerable otherwise if  they be rob by the violence of robber so if the delivery be to a common factor  although he bath hire be shall not answer for a act do without his default as  if the good be steal he shall not be Chargeable comens er p so in our case  accord to the six sort of bailment he the defendant shall not be Chargeable by  a act which do not happen by his own default as if any other have pierce the  hogshead of wine he shall not be answerable for it when a man act by  commission it oblige the person to take care and he shall be answerable for  good which be lose by his neglect for the neglect be a deceit upon the person  who trust he the party who intrust expect diligence and fidelity of he who be  trust and for breach of trust a action lie as godb if the defendant have only  offer himself to carry there he will not have be Chargeable it will only have  be a naked bargain but here as be super see assumpsit the word assumpsit  import a undertake and when a man undertake to do a thing and misdoes it a  action lie against he for that though nobody can have compel he to do the  thing and to prove this be cite Henry h Yel cro and judgement be give for the  plaintiff comens de term sanct mich whether in b r