BORROWING HORSES. 261 



unless a more extensive use can be implied from other 

 circumstances ; such for instance as lending the Horse on 

 trial. In general it may be said, in the absence of all 

 controlling circumstances, that the use intended by the 

 parties is the natural and ordinary use for which the thing 

 is adapted (/»). 



A borrowed Horse cannot be used by a servant. Thus, Cannot be 

 where an action of Trespass was brought for immoderately used by a 

 riding the plaintiff's Horse, it appeared that the defendant 

 had borrowed the animal, and that he and his servant had 

 ridden it by turns. It was held that the licence was 

 annexed to the person of the defendant, and could not be 

 communicated to another (?). 



If a Horse or Cart, or such other thing as may be used Must be used 

 and delivered again, be used according to the purpose for th°°i ndm*° 

 which they are lent and they perish, he who owns them 

 must bear the loss, if they perish not through default of 

 him who horroicecl them, or he made a promise at the 

 time of delivering to redeliver them safe again (/r) . 



But if they be used in any other manner than according Or else the 

 to the lending, in whatever manner they may perish, if it Borrower is 

 be not by default of the Owner, the Borrower is chargeable 

 both in law and conscience (/). Thus, if the Borrower, 

 instead of coming to London, for which purpose the Horse 

 was lent, go towards Bath, or having borrowed him for a 

 week, keep him for a month, he becomes responsible for 

 any accident that may befal the Horse in his journey to 

 Bath, or after the expiration of the week {in). 



In regard to time, if no particular time is f red, a reason- Wliereno 



able time must be intended, keeping in view the obiects of time is fixed 



• • - tor rGturn 



the bailment. If a Horse is lent for a journey, it is pre- 

 sumed to be a loan for the ordinary time consumed in such 

 a journey, making proper allowance for the ordinary delays 

 and the ordinary objects of such a journey {u). 



But where the Borrower of a Horse promised to re-deliver Redeliv^ery 

 it on request, and the Horse died without his default before °^ request, 

 request, he was held not liable (o). 



A party who borrows a Horse is bound to feed it during Borrower 



(h) Story on Bailments, 161 ; {m) Jones on Bailments, 68 ; 



and lord Canioys v. Scurr, 9 C. & Coqqs y. Bernard, Ld. Raym. 915; 



P. 386. 2 Ld. Raym. 909 ; 3 Bract, c. 2, 



(i) Bringloe v. Morrice, 1 Mod. s. 1 ; 1 Smith's L. C. 8th ed. 199. 

 R. 210 ; ;S'. C. 3 Salk. 271. (w) Story on Bailments, 161. 



{k) Noy's Maxims, 91. (o) Williaim v. Lloi/d, Jones on 



(0 Ibid. Bailments, 179; S. C. nom. Wil- 

 liams V. mil, Palm. 518. 



