BAILMENT 273 



so, and by reason of it the bailee is injured, the 

 bailor will be liable. As, for example, if the bailor 

 should loan a vicious horse, it is his duty to notify 

 the bailee of the fact, and if by reason of the 

 bailor's failing to give such notice the bailee 

 should be injured, he may recover damages of 

 the bailor." "* 



If a livery man hires out a horse accustomed to 

 run away, and fails to notify the person hiring 

 it, he will be liable for the full amount of damages 

 which may result from such an act. But if, having 

 been warned of this habit, the bailee fails to exer- 

 cise care and diligence proportional to the warn- 

 ing given, and the horse runs away, the bailee may 

 be held liable for all damage sustained, not only 

 by the owner of the horse, but also by other per- 

 sons. 



227. Liability of Bailee. A man would not use 

 his own horse if it were sick or lame. When a 

 horse becomes sick or lame it is therefore the duty 

 of the bailee to abstain from using it, and if he 

 continues he is liable for any injury resulting.^ 



The bailee is not liable for injuries not caused 

 by his abuse or negligence.^ If a hired horse is 

 taken ill and the bailee calls a farrier he is not 

 liable for the farrier's lack of skill, but he may be 

 held liable for gross negligence if he be not care- 

 ful in the selection of a competent veterinarian.'^ 



Every contract of letting impliedly warrants 



* Van Zile, Bailments and « Thompson v. Harlow, 31 Ga. 



Carriers, 22. 348; Perham v. Coney, 117 



5 Hawkins v. Haynes, 71 Ga. Mass. 102. 

 40 ; Leach v. French, 69 Me. ^ Dean v. Keate, 3 Campb. 



389, 31 Am, Rep. 296; Edwards 4. 

 V. Carr, 13 Gray (Mass.) 234. 



