98 EESTORATION TO THE LESSOR, 



to pursue its journey under such conditions for twelve miles, 

 constituted a want of proper care and attention, and it was 

 held that the lessee ^vas not entitled to return it on payment 

 of only £10, and a verdict was given for the full price, (a) 



Again, a lessee must provide veterinary treatment for a 

 horse if it fall ill, and, if he do so, that is sufficient ; but if, 

 instead of doing so, he prescribes medicines for it himself, he 

 will be answerable if the treatment prove improper. Thus, 

 the hirer of a horse, on its taking ill, prescribed improper 

 medicines for it, and the horse died. Lord EUenborough 

 said : — " Had the defendant called in a farrier he would 

 not have been answerable for the medicines the latter 

 administered ; but when he prescribes himself, he assumes 

 a new degree of responsibility, and prescribing so im- 

 properly, I think he did not exercise that degree of care 

 Avhich might be expected from a prudent man towards his 

 own horse, and was, in consequence, guilty of a breach of the 

 implied undertaking he entered into when he hired the horse 

 from the plaintiff." (6) In cases where there has been such 

 necessary expenditure by the lessee, on behalf of a hired 

 horse, as a prudent man would have made had the animal 

 been his own, he will have recourse for it against the lessor, 

 provided he can show that the expenditure was indispens- 

 ably necessary, that notice was given to the lessor, and the 

 occasion of the expenditure was not due to the lessee's 

 fault, (c) 



74. Restoration to the Lessor, and onus of Proof of 

 Injury. — Wlien the period for which a horse or carriage has 

 been hired has expired, or the journey for which it was hired 

 has been accomplished, the lessee is bound to return the horse 

 or carriage to the lessor in as good condition as he got 



(rt) Bray v. 3fai/nc, ISIS, 1 Gow, 1. 



(6) Dean v. Keate, 1811, 8 Camp. 4 ; see also Campbell v. Lord Kennedy, 1828, 

 C) S. 806 ; see infra as to custody of horses at grass, or for training, and at inn- 

 keepers, §§ 80-87. 



(c) B.C. i. 482. 



