OWNERSHIP OF ANIMALS 259 



tlie colt.-^ A contrary view was expressed in an 

 Arkansas case.-^ 



209. Liability of Owner of Stallion. The owner 

 of a stallion is liable for injuries to a mare while 

 being served, due to the negligence of such 

 owner.2^ Wrong entry is evidence of negligence.-® 



210. Gelding a Stallion. Where a stallion was 

 not kept for breeding purposes as provided by the 

 code, or defendants did not have knowledge of 

 such fact, and they found him running at large 

 out of the enclosed grounds of the owner in any 

 month from March to November, they had the 

 right under the Oregon statute to geld him, with- 

 out first taking the animal to the owner twice. ^'^ 

 One C. A. L. Loomis had a colt running in the 

 pasture of W. H. Loomis, with other horses, among 

 which was a valuable standard bred stallion colt 

 belonging to W. H. Loomis. C. A. L. lived in 

 town. He engaged a veterinarian to geld his colt, 

 but said that his son would take the veterinarian 

 to the pasture and show him the colt. Whereupon 

 the veterinarian found the boy and told him that 

 he was to geld " Loomis 's colt." The boy mis- 

 understood, and assisted in catching the colt of 

 W. H. which was then operated upon. The vet- 

 erinarian was held for damages, and the measure 

 of damages was to be the value of the colt immedi- 



26Harby v. Wells, 52 S. C. App. 197, 27 N. E. 432; Scott 



156, 29 S. E. 563. v. Hogan, 72 Iowa, 614, 34 N. 



27 Easter v. Goyne, 51 Ark. W. 444; Peer v. Ryan, 54 Mich. 

 222. 224, 19 N. W. 961. 



28 Cavender v. Fair, 40 Kas. 30 Tucker v. Constable, 16 

 182, 19 Pae. 638. Ore. 407, 19 Pac. 13. 



29 Medsker v. Pogue, 1 Ind. 



