SOUND AND UNSOUND HORSES 



not, or could not have had control. 



For convenience, we will suppose that 

 the custodian or his servant, is either 

 riding or driving the animal along an 

 ordinary thoroughfare, apparently free 

 from influences likely to disturb the 

 animal's temperament. Without warn- 

 ing, something comes upon the scene, 

 causes the horse to shy, perhaps falling 

 upon its knees, and blemishing the 

 latter, for which the proprietor seeks 

 reparation. Under these circumstances 

 we are of opinion that the onus could 

 not be held to rest with the hirer. 



In this case, depreciation of propeity 

 may have occurred, over which the 

 custodian had no control. 



In law there is a distinction as to the 

 degree of neglect ; a gratuitous bor- 

 rower being responsible for slight neg- 

 ligence, whereas the hirer is only re- 

 sponsible when it can be shown that there 

 has been ordinary negligence. 



'95 



