96 USE IMPLIED IN THE CONTEACT. 



Further, a party hiring a horse for a ride along the road 

 is not allowed to take it for a gallop in a grass field ;(«) nor 

 one who hires a horse for a lady to ride, to put it in 

 harness. (6) And when a horse is hired to go from one 

 place to another, no material deviation from the direct road 

 is allowed, for if any damage ensues during such a deviation 

 the lessee would seem to be liable therefor, (c) 



72. Use implied in the Contract. — When a horse is hired 

 for a special purpose, whether it be for a particular journey 

 or on a time bargain, the lessor, in the absence of express 

 stipulation, is bound to put it only to such use as will be 

 presumed to be the intention of the parties to the contract. 

 Thus, one who hired a horse and lent it to a friend, who rode 

 it sixteen miles in an hour and a-half, left it in the open air 

 for a quarter of an hour, and then gave it cold water, and 

 four days afterwards the horse died, was held liable for the 

 value of the horse and the expenses of medical attendance, {d) 

 Again, a youth who hired a horse, and while intoxicated 

 recklessly rode a race with it along a road with some com- 

 panions, with the result that the horse fell and suffered severe 

 injury, was found liable in damages, (e) The case, however, 

 which has gone beyond all others in fixing liability for 

 injuries to a hired horse, is that of Seton v. Patei'son,{f) 

 where it was held by the Second Division (Lord Gilford 

 dissenting) that one who hired a horse for a ride on the 

 road, and who took him into a grass field for a gallop, was 

 liable for the value of the horse, which had its pastern bone 

 broken in the field, and died six weeks afterwards from a 

 twist of the colon and resulting inflammation, alleged to be 



(a) Seton v, Patcrson, 1880, 8 R. 236 ; see also § 107. 



(b) Gapp V. Gandonati, C.P. 18.57, before Creswell, J., cit. Oliphant, 247. 



(c) Davis V. Garret, 1830, 6 Bing. 716, case of lime damaged on a ship which 

 deviated unnecessarily ; Seton, cit. 



(d) Campbell v. Kennedy, 1828, 6 S. 806. 



(e) Macphcrson v. Sutherland, 1791, Hume, 296. 

 (/) Seton V. Patcrson, 1880, 8 R. 236. 



