270 ESSENTIALS OF VETERINARY LAW 



held liable for whatever may happen until the 

 animals are recovered. 



223. Bailment Implies Knowledge of the Bailee. 

 * * An example used by many of the authors on this 

 subject is where one, by mistake, puts his pur- 

 chased articles into another's wagon in the street, 

 and the owner, without any knowledge of their 

 presence, drives away with them. So long as he 

 is ignorant of having them in his possession he 

 is under no obligation to care for them; he may 

 lose them by the grossest carelessness upon his 

 part, and he is not liable because he is not in any 

 sense a bailee; but the moment he discovers the 

 parcels, and has knowledge of the fact that he has 

 them in his possession, from that moment he be- 

 comes a bailee, and is legally bound to care for 

 them, and if lost, under certain circumstances 

 would be liable to the owner. " ^ So the owner of 

 property upon which animals have wandered is 

 not a bailee so long as he is ignorant of their pres- 

 ence ; but if, after he knows of their presence, and 

 while they are still upon his place, they should be 

 injured through any act, or negligence on his part, 

 he may be held liable to the owner for injury 

 suffered. 



224. Care Required of Bailee. The degree of 

 care demanded of the bailee in the discharge of 

 his obligation varies greatly according to circum- 

 stances. The decision of the question depends, 

 first, upon the terms of the bailment. Manifestly, 

 when the animals bailed are being kept free for 

 the interest of the bailor the degree of care which 



1 Van Zile, Bailments and 

 Carriers, 18. 



