262 



Ll VERY-STABLE KEEPERS, AGISTERS, ETC. 



bound to feed 

 the Horse. 



Where the 

 Horse is ex- 

 hausted. 

 Where the 

 Horse is 

 kiUed. 



W^here the 

 Horse dies 

 from disease. 



Where Bor- 

 rower is 

 answerable 

 for damage. 



Bailment 

 ended by 

 misiiser. 



the time of the loan ( 7;) ; and if it is returned out of 

 condition, the Borroircr would probably he called upon to 

 prove that lie fed it properhj, and that the falling off in 

 condition did not arise from any neglect on his part ((7). 



Where the Horse is exltaustcd and refuses his feed, he 

 must not be ridden or driven any further (r). 



If a man through his own imprudence has his borrowed 

 Horse killed, by robbers for instance, or by a ruinous 

 House or Stable, in manifest danger of falling, coming on 

 to his head, the Owner is entitled to the price of the Horse, 

 but not if the House or Stable were in good condition, and 

 fell by the violence of a sudden hurricane (s). 



Where a borrowed Plorse dies from disease, the Borroicer 

 is not answerable. Thus, in Williams v. Hide et Uxor, (t) 

 the plaintiff declared that in consideration he had lent to 

 the defendant's wife, du?)i sola, a Horse to be returned upon 

 request, she promised to return it upon request, but had 

 not done so. The defendants pleaded that, before the 

 request, the Horse per diversos morbos in corpore suo 

 crescentes moritur, and so they could not re-deliver it. 

 Upon demurrer the defendants had Judgment ; for, where 

 the agreement is possible when made, but afterwards 

 becomes impossible by the act of Grod, the party is for ever 

 discharged. 



A person borrowing a Horse or Carriage is answerable 

 for any damage occasioned by negligent management, 

 whether done by himself or another j)erson in driving (?/). 



The Rule is, that w^hen there has been a misuser of the 

 thing lent, as by its destruction or otherwise, there is an 

 end of the bailment, and an action of Trover is maintain- 

 able for the conversion (.r). 



(;?) Ilandford v. Falnicr, 2 B. & 

 Bing-. 359. 



(«/) Bray \. Mayne, 1 Gow, 1 . 



(r) Ibid. ; and see Hiring Horses, 

 ante. 



(s) Jones on Bailments, 68. 



[t) WiUiaiiJs V. Hide ct Uxor., 



Palm. 548 ; cited in Foiccl v. Salis- 

 biin/, 2 Y. & J. 394. 



(ll) WheafUy v. FnfricL; 2 M. & 

 W. 650 ; and see Hii-ing Horses, 

 ante. 



(.r) See per PoUock, C. B., Bryant 

 V. Wurddl, 2 Ex. 482. 



