REASONABLE CAEE OF HORSE HIRED. 97 



due to want of proper exercise. The case was laid on violent 

 and reckless riding, as well as deviation from stipulated use. 

 There was evidence that a higher charge would have been 

 made if the horse were to be galloped upon grass ; but there 

 was also skilled evidence that the twist in the colon was in 

 no way connected with the split pastern bone. This decision 

 seems very difficult to reconcile with a great number of other 

 cases decided on the maxim, causa lyroxinia non remota 

 spectatur. 



73. Reasonable Care of Horse Hired. — The lessee is bound 

 also to bestow due care upon the horse of which he has the 

 use, to j^rovide it with food and shelter, and restore it to the 

 owner when the time has expired or the occasion is over, (a) 

 The care necessary is such as every prudent man should take 

 of his own animals, — the care of a bonus 'paterfamilias. (6) 

 Thus, a lessee is bound to pay for the keep of a hired 

 horse, (c) and for the shoeing of the horse when it is hired 

 on a time bargain, but not if for a journey to be driven by 

 the lessor's servants. (cZ) Should a horse fall lame on a 

 journey, the lessee's duty is to put him up at the place 

 nearest to where he becomes unfit for use, and give notice 

 to the lessor, whose duty it is to send for him, (e) and the 

 expenses of its cure fall upon the lessor. (/) Thus, a horse 

 was hired for £10, with an option of purchase at £50. It had 

 a slight cold, and, on the last day of trial, after it had been 

 driven twenty miles, it was discovered that there was a 

 swelling under its throat, and it refused its feed. The lessee 

 drove it other twelve miles whilst so suffering, and it was 

 returned in a much worse condition than when delivered for 

 hire. There was veterinary evidence that to compel a horse 



(a) B. Pr. 145. 



(b) B.C. i. 483. See also Cooper v. Barton, 1810, 3 Camp. 5, n. 



(c) Handford v. Palmer, 1820, 2 Brod. and Bing. 359. 



(d) Such is the opinion of Pothier. Louage, § 107, but there has been no case 

 decided on this point. 



(c) Cheio V. Jones, 1847, 10 L.T. 231 ; Johnston v. Rankin, 1687, M. 10,080. 

 (/) Story on Bailments, § 389. 



H 



