258 



LTVERY-STABLE KEEPERS, AGISTERS, ETC, 



person who applied to Lim for one, tliat lie had no Horse 

 at home hut a hlack one which shied, and that if he took 

 it on hire he must be answerable for all accidents. The 

 Horse was engaged for six weeks at a certain price, and 

 it appeared that whilst it was in the Jlirer's possession it 

 came down upon the road in consequence of shying, and 

 suffered a material injury in having its fetlock severely 

 cut by a glass bottle. The Owner of the Horse brought 

 an action against the Hirer on his agreement, and the 

 latter was held answerable for the damage done (s). 



Lending for 

 use. 



Duties of 

 BoiTower and 

 Lender. 



Lender of a 

 Horse. 



Must not 



conceal 



defects. 



"What care is 

 required. 



BORROWING HORSES. 



Lending for use is a bailment of a thing for a certain 

 time when used by the Borrower without paying for 

 it(rO. 



The duties of the Borroiccr and Lender are thus well 

 laid down by Mr. Justice Coleridge in Bkickniore v. 

 Bristol and Exeter Railway Company (b) : — " The duties 

 of the Lender and Borrower are in some degree correlative. 

 The lender must be taken to lend for the purpose of a 

 beneficial use by the Borrower ; the Borrower therefore is 

 not responsible for reasonable wear and tear ; but he is 

 for negligence, for misuse, for gross want of skill in the 

 iise, above all, for anything which may be defined as legal 

 Fraud. So, on the other hand, as the Lender lends for 

 beneficial use, he must be responsible for defects in the 

 chattel, with reference to the use for which he knows the 

 loan is accepted, of which he is aware, and owing to which 

 directly the Borroircr is injiu'ed." 



" "Would it not be monstrous to hold, that if the owner 

 of a Horse, knowing it to be vicious and unmanageable, 

 should lend it to one ignorant of its bad qualities, and 

 conceal them from him, and the rider, using ordinary care 

 and skill, is thrown from it and injured, he should not be 

 responsible." 



" By the necessarily implied purpose of the loan a duty 

 is contracted towards the Borrower not to conceal from him 

 those defects, known to the Lender, which may make the 

 loan perilous or unprofitable to him." 



In contracts from which a benefit accrues only to him 



{z) Jeffery v. Walton, 1 Stark. 

 N. P. C. 267. 



(a) Jones on Bailments, 118. 



[h) BlacJnnore v. Bristol ^- Exeter 

 Raihvay Co., 27 L. J., Q. B. 167. 

 Seealso 31 'Cart /ti/v. Young, 3L. T., 



N. S. 785. 



