William Bernard[1] undertook to carry several barrels of brandy belonging to John Coggs[2] from Brooks Market, Holborn to Water Street, just south of the Strand (about half a mile).

Coggs brought an action on the case against Bernard, alleging he had undertaken to carry the barrels but had spilled them through his negligence.

Holt CJ at the London Guildhall found that Mr Bernard, the defendant, was negligent in carrying the casks and was therefore liable as a bailee.

Holt made clear that Bernard's responsibility to Coggs was not formally contractual in nature, since he received no consideration.

The sixth sort is when there is a delivery of goods or chattels to somebody, who is to carry them, or do something about them gratis, without any rewards for such his work or carriage, which is this present case.