OWNERSHIP OF ANIMALS 257 



the structural form of joint predisposing to the 

 spavin, but does not inherit the spavin. The form 

 of joint is apparent to any horseman who inspects 

 the animah It is possible that the stallion might 

 beget many colts without having one which de- 

 veloped a spavin. The form of the animal is one 

 of the points which the owner of a mare must con- 

 sider in making a selection of a sire for his colts. 

 On the other hand, owners of stock who knowingly 

 expose other animals to a danger of disease con- 

 tracted from their stock are, and should be, held 

 liable for the damage thus caused. (§ 211.) A 

 horse afflicted with dourine might transmit the 

 disease to the mare, and from her it might infect 

 the colt, causing its intrauterine death. A stallion, 

 being kept for special purposes, and under special 

 conditions, should not be classed with animals in 

 general. It seems to us that the owner may rea- 

 sonably be charged with a higher degree of care 

 than animal owners generally, to insure the health- 

 fulness of his horse; and if he be negligent, he 

 should be held liable. 



207. Insurance of Get. By contract the service 

 fee was due at the time of service, with the priv- 

 ilege of next season in case of failure. Before the 

 next season the horse died, but the court held that 

 the owner was entitled to the fee; ^* but the con- 

 trary decision was given in a Maine case.^^ In a 

 case of contract for service, insured, the mare was 

 sold, not with foal. It was held that the fee was 



18 Price V. Pepper, 76 Ky. 575, 45 Atl. 823, 49 L. K. A. 

 42. 693. 



19 Pinkham v. Libby, 93 Me. 



