102 DEFENCES AVAILABLE TO LESSEE. 



cannot tell how the injury was received, but it was not owing 

 to any fault in me or my servants. The animal may have 

 injured itself in its stable — I cannot tell how — but here are 

 my servants, every one of whom exoners himself of blame.' 

 He has not sufficiently discharged himself of the duty and 

 onus which lay ujDon him, and which lies upon all parties 

 who, under a contract of hiring, or of any other contract, get 

 the entire use, custody, and control of another person's pro- 

 perty. If the property is found broken or destroyed, the 

 custodier cannot content himself, without explanation, by a 

 mere plea that he was not to blame." ((t) 



75. Defences available to Lessee. — If the lessee can 

 establish that the injury or damage was the result of 

 inevitable accident he will be free. Thus, whilst a horse 

 hired for theatrical purposes was being ridden on to the 

 stage, which Avas to all appearances safe, it fell through 

 the flooring, and was injured. In an action brought by 

 the lessor, it was held that there was no duty on the lessee 

 to examine the premises, and there being no proof of negli- 

 gence, the lessee was not held liable for the loss. (6) In another 

 case, where a party hired a horse, and it Avas stolen from 

 a livery stable, he Avas found not liable for the price of it, the 

 breaking into the stable being considered an inevitable 

 accident, Avhich the lessee could by no means have 

 averted ; (c) but if the lessee negligently leave the door 

 of his OAvn stable open at night, and the horse be stolen, 

 then he must ansAver for it. (d) Or, if the lessee can establish 

 that the damage Avas entirely due to the fault of the horse 

 itself, as — e.g., by backing a gig into a river, he Avill be 

 free.(6') Similarly, Avhere a party hired a horse for a 



(a) Wilson, cit. p. 269. 



(b) Tillinrj v. Bahmdn, 1892, 8 The Times' L.R. 517. 



(c) Trotter v. Buchanan, 1688, M. 10,080. This would net free an innkeeper 

 or carrier, see §§ 87, 93, 116. 



{(I) Jones on Bailments, 88. 



(e) Pypcr v. Thomson, 1843, 5 D. 498. 



