HIRING HORSES. 249 



Horse at that time had a slight cold, but on the last day 

 of trial, after the Horse had been driven twenty miles, it 

 was discovered that there was a swelling under its throat 

 and it refused its feed. The defendant, however, drove it 

 on to London, which was about twelve miles further, 

 notwithstanding that it was much distressed during part of 

 the journey ; and when brought to the plaintiff's stables, 

 it was in much worse condition than when delivered. 



A Veterinary Surgeon in his evidence said that he con- Where the 

 sidered it a want of proper care and attention to compel a ^^g^fg^d^^"^^^ 

 Horse to pursue his journey after it had been driven twenty 

 miles, and had then refused its feed ; and Chief Justice 

 Dallas directed the Jury accordingly {J). 



His Lordship also held that the defendant was not Where the 

 entitled to return the Horse on payment of the 10/., because J^^^g^Tu ^' 

 as the Horse, on being retm'ned, was in a worse state than worse con- 

 when originally delivered, the condition on which it was dition. 

 delivered had not been fulfilled (,/ ). 



If a Sired Horse is taken sick on the journey agreed Expenses of 

 upon, without the fault of the Hirer, its cure is at the ^^rmg Sick 

 expense of the owner [k). 



But if the Hirer prescribes medicines for it, he is an- Where the 

 swerable for any improper treatment, but not if he call Horse is m- 

 in a Farrier. Thus, where a Horse has been hired of the tored. 

 plaintiff by the defendant, who, on the Horse having been 

 taken ill, prescribed improper medicines for it, and the 

 Horse died. Lord EUenborough said, " Had the defendant 

 called in a Farrier, he would not have been answerable for 

 the medicines the latter might have administered ; but 

 when he prescribes himself, he assumes a new degree of 

 responsibility ; and prescribing so improperly, I think he 

 did not exercise that degree of care which might be ex- 

 pected from a prudent man towards his Horse, and was in 

 consequence guilty of a breach of the iniplied undertaking 

 he entered into when he hired the Horse from the plain- 

 tiff (/). 



Pothier says, that where a Horse is let to one on hire, to Who must 

 be kept by him for a certain period, the Hirer is to pay for P'^y *°^ ^^°^' 

 his shoeing during that time. But that it is otherwise, if a "* 

 person lets his Coach and Horses to another for a journey, 

 to be driven by his own servants {ni) . 



A bailee of goods for hire, by selling them determines Bailment de- 



(./) 7? ray V. 3Iayne, 1 Gow, 1. {!) Dean v. Kcate, 3 Camp. 4. 



[k) Pothier, Louage, p. 129; (;«) See Pothier, Louage, pp. 107, 



Story on Bailments, 258. 129 ; Story on Bailments, 2.58. 



