IN SEARCH OF A HORSE. 387 



but of judicious treatment. The decision is Lord 

 Ellenborough's. 



" If, upon a hired horse being taken ill, the hirer 

 calls in a farrier, he is not answerable for any mis- 

 takes which the latter may make in the treatment 

 of the horse : but if instead of that, he prescribes 

 for the horse himself, and from unskilfulness, gives 

 him a medicine which causes his death, although 

 acting bond fide, he is liable to the owner of the 

 horse as for gross negligence." Dean v. Keate, 3 

 Camp. 4. But for an accident without proof of 

 negligence, the hirer is not liable. In Cooper v. 

 Barton, 3 Camp. 5 n., the horse fell and broke its 

 knees. The owner proved that the horse had been 

 frequently let out, and had not before fallen. "To 

 maintain an action for negligence, however, against 

 the hirer of a horse for an injury done to it whilst in 

 his possession, the owner must give some positive evi- 

 dence of such negligence." The action was tried be- 

 fore Mr. Justice Le Blanc. 



Where, however, " the horses are hired out to 

 draw a private carriage, but are driven by the ser- 

 vant of the person who lets them, he shall be liable 

 for any injury done by them." Samuel v. Wright, 



