278 ESSENTIALS OF VETERINARY LAW 



the delivery of the milk to the owner, clearly all 

 of the milk should be so delivered. A horse kept 

 in a stable must be exercised to preser\^e its health, 

 and if it be driven no more than is necessary for 

 that purpose, even though the bailee drove it for 

 use it would not ordinarily be considered a viola- 

 tion of his duty as bailee; but if the contract ex- 

 pressly forbade such driving he would be held 

 liable.'*^ 



231. Actions for Liability of Bailee. Where 

 the petition in action sought to recover for the loss 

 of certain cattle put to pasture, through the care- 

 lessness and negligence of the agister, the burden 

 of proof was held to be on the plaintiff. ^^ The 

 hirer of a horse, to avoid liability for injury, was 

 not bound, to show how the injury was received; 

 it being sufficient to show that it was mysteriously 

 inflicted in the night, whereupon the owner was 

 bound to show the hirer's negligence.^^ Where a 

 horse is let on contract providing that on a day's 

 notice the horse shall be returned in same condi- 

 tion as received, compliance is excused by the 

 death of the horse without fault of the bailee.-^ 



Under a contract to pay the value of a mare if 

 not returned in good condition, the acceptance of 

 the mare does not constitute a rescission of con- 

 tract, or waiver of right to recover her value.- ^ 



20 Collins V, Bennett, 46 N. 23 Am. Preservers ' Co, v. 

 Y. 490. Drescher, 4 Misc. (N. Y.) 482, 



21 McCarthy v. Wolfe, 40 Mo. 24 N. Y. Sup. 361. 



520; Rayl v. Kreilich, 74 Mo. 24 Austin v. Miller, 74 N. C. 



App. 246; Casey v. Donovan, 274. 

 65 Mo. App. 521. 



22Sanford v. Kimball, 106 

 Me. 355, 76 Atl. 890. 



