TABLE OF CONTENTS. 



Liveey-Stable Keepers — continued, page 

 Wliat cannot bo set off in an Action 



for Keep 239 



He must take reasonable care of tlie 



Horse id. 



An Action for not taking due care 



of a Horse founded on Contract . 240 

 Agister. 



His Possession 240 



Does not insure a Horse's Safety. . id. 



He is answerable for Negligence . . id. 



If he leaves his Gates open 241 



Fences out of Order, &c id. 



Injury by another Horse id. 



The Horse's Condition 242 



Eatage let for a certain Time .... id. 



Agister has no Lien id. 



May have a Lien by Agreement . . 243 

 Horses and Cattle being agisted are 



distrainable 244 



But not when taken in to rest for 



a Night id. 



Decision of the Irish Court of 



Queen's Bench id. 



Distinction where Cattle enter by 



breaking Fences /(/. 



Hieing Hoeses. 



Letting for Hire 244 



Warranty of Fitness for a Journey id. 



Hyiuan v. Nt/e 245 



Where a particular Horse is selected 247 

 But a Horse should not be used for 



a piu'pose other than that for 



which it was hired id. 



What Care is required id. 



Infancy good Defence to an Action 



on Contract id. 



Secus, where Action founded in Tort 248 

 Where Hirer is answerable at all 



Events id. 



Unnecessary Deviation id. 



Where Negligence must be proved, id. 



Where the Horse falls Lame id. 



Where the Horse is exhausted .... id. 

 Where the Horse refuses its Feed . 249 

 Where the Horse is returned in 



worse Condition id. 



Expenses of Curing Sick Horse . . id. 

 Where the Horse is improperly 



doctored id. 



Who must pay for Shoeing id. 



Bailment determined by selling the 



Goods id. 



Where the Horse is stolen from the 



Hirer 250 



Where the Horse is stolen by the 



Hirer id. 



Must have been originally taken 



with a Felonious Intention at 



Common Law 251 



Hieing Horses — continued. page 



Now Bailee indictable for Larceny 



under 24 & 25 Vict. c. 96, s. 3. 251 



Horse hired by a Servant id. 



Owner'sLiabilityincase of Accident id. 



Horses driven by the Owner's Ser- 

 vants 252 



Horses driven by the Owner's Ser- 

 vants to a certain Place id. 



Travelling post id. 



Horses driven about Town by the 

 Owner's Servants id. 



Laugher v. Fainter id. 



Owner held liable in Quarman v. 



Burnett 253 



Wearing the Hirer's Livery .... id. 



A Job-Master's Agreement 254 



Where the Hirer is liable for Damage id. 



Hirer liable through his own Conduct id. 



Hirer liable where he might have 

 controlled his Servant id. 



M' Liiughlin v. Frijor 255 



Opinion of the Coui't of Common 



Pleas id. 



The General Pi,ule 256 



Wliere the Hirer would not be 



liable id. 



Hirer sitting outside liable .... id. 



The Jury must decide whether the 

 Servant is acting for the Hirer or 

 Owner 257 



A Hirer's Agreement id. 



BoEEOwiNG Hoeses. 



Lending for Use '. , . . 258 



Duties of Borrower and Lender . . id. 



Lender of a Horse id. 



Must not conceal Defects id. 



What Care is required 258 



As much as the Borrower is capable 



of bestowing 259 



Showing a Horse for Sale id. 



A gratuitous Bailee 260 



Neg'ligence of a Bailee id. 



Rule as to Negligence of gratuitous 



Bailee id. 



Use strictly personal id. 



Cannot be used by a Servant .... 261 

 Must be used according to theLend- 



inj? id. 



Or else the Borrower is answer- 

 able id. 



Where no Time is fixed for Beturn id. 



Redelivery on Request id. 



Borrower bound to feed the Horse . id. 



Wliere the Horse is exhausted .... 262 



Where the Horse is killed id. 



Where the Horse dies from Disease id. 

 Wliere Borrower is answerable for 



Damage id. 



Bailment ended by Misuser id. 



