( 236 



CHAPTER XI. 



LIVERY-STABLE KEEPERS, AGISTERS, AND THE HIRING AND 

 BORROWING HORSES. 



LivEET- Stable Keeper. 



Has no rrivikf/e 23 / 



Liable icJtcre the Horse is lost . . id. 

 Horse at Livery distrainable . . id. 

 But not ichere he is merely to be 



cleaned and fed id. 



Distinction taken in Parsons r. 



Giugell 238 



Livery -Stable Keeper has no Lien 



for Keep id. 



May have a Lien by Agree- 

 ment id. 



Horse removed to defeat such 



Lien id. 



Livery- Stable Keeper has no Lien 



for Money expended on Horse . id. 

 What cannot be set off in an Ac- 

 tion for Keep 239 



He must take reasonable Care of 



the LLorse 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 Safoiy id. 

 He is answerable for Xegligcncc. id. 



If he leaves his Gates open 241 



Fences out of Order, ^-f 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 ivliere Cattle enter 

 by breaking Fences id. 



Hieing Hoeses. 



Letting for Hire 244 



Warranty of Fitness for a 

 Journey id. 



Ilymaii r. Nye 245 



IVhcre a ^^ff)Yifif/«r Horse is 



selected 247 



But a Horse should not be used 

 for a purpose other than that 

 'for u-h ich it ivas h ired id. 



What Care is required id. 



Infancy good Defence to an Ac- 

 tion on Contract id. 



Sccns, ichere Action founded in 

 Tort 248 



Where Hirer is ansurrable at all 

 Events id. 



Unnecessary Deviation id. 



Where Negligence must be p)roved 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 

 icorse 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 



Wlierc the Horse is stolen by the 

 Hirer ib. 



Must have been originally taken 

 irith a Felonious Intention at 

 Common Law 251 



Noiv Bailee indictable for Lar- 

 ceny under 24 ^- 25 Vict. c. 96, 

 s. 3 id. 



Horse hired by a Servant id. 



Owner's Liability in case of 

 Accident id. 



Horses driven by the Owner's 

 Servants 252 



Horses driven by the Owner^s 



Servants to a certain Flace . id. 

 Travelling post id. 



Horses driven cdjout Town by the 

 Owner's Servants id. 



Laug-her v. Pointer id. 



