afterwards an action on the case and recover damages for the loss sustained by your using the clothes." the same opinion was reiterated in 1510 by Serjeant Moore, although an action would lie for trespass on the case. In the cases of a chattel damaged or destroyed, the plaintiff must choose some remedy other than detinue. This was also true if the bailee dealt with the property in an improper manner as noted by Littleton in 1462: "I bail to you my cloak and you burn it, I will have a writ of trespass on the case against you (and not detinue)." It was doubtful whether detinue lay where, after bailment, a third party had destroyed the chattel bailed. The action lay against a bailee who had himself been responsible for the loss, as where a charter had been found by the jury to have been burned. It was disputed whether this remedy applied to the action of a third party. Judge Brian said, "If I bail my horse to a smith to shoe and he bails it to another smith who damages the horse an action will not lie against him." The second party was a stranger to the bailment, but the other justices were opposed to this opinion of Brian. By the time of Bracton, the old preference for an action in trespass exclusively was seen to have softened somewhat, with certain actions allowed against a third party in detinue. This began to make wager of law ineffective as a defense. The judges of the time were growing wary of wager of law as a legitimate defense, anyway. This attitude allowing detinue was not universally held, as can be seen from the cases noted in this section. Bracton on third party liability In the opinion of Bracton, if goods were unlawfully taken from the possession of the bailee, it was he who had the action against the wrongdoer, not the original bailor. The action was appeal of larceny or trespass. Even in the time of Bracton, there was pressure to change this arrangement and allow the bailor to bring an action directly against the third party. Under the old rules, the bailee had an absolute responsibility to the bailor for safe keeping of the goods. A case from 1200 directed the verdict for lost goods against the bailee who claimed they had been lost and stolen during a