347 



responsible, unless by special agreement, except 

 for the want of reasonable care. If his fences are 

 good, and ordinary precautions are taken, he is 

 discharged from liability. Vide Broadwater v. 

 Blot, Holt N. P. C. 547. 



There is a case quoted in the anonymous work to 

 which I havefrequently alluded, to which the reader's 

 attention should be called. It is the case of Coggs 

 V. Bernard, Lord Raym. 915. I have not the report 

 by me, but I extract Chief Justice Holt's words 

 from the Laws relating to Horses, p. 45. *' If a 

 man should lend another a horse to go westward, 

 or for a month, if the bailee go northward or keep 

 the horse above a month ; if any accident happen 

 to the horse in the northern journey, or after the 

 expiration of a month, the bailee will be charge- 

 able : because he has made use of the horse con- 

 trary to the trust he was lent to him under : and it 

 may be, if the horse had been used no otherwise 

 than as he was lent, that accident would not have 

 befallen him." 



Nothing is more common than to take these 

 little liberties with a borrowed horse. I have 

 known a horse borrowed from a farmer for a 

 morning's ride, put at a fence, when he had 

 probably never faced timber in his life, and sent 

 home with both knees broken ! and great was the 



