LETTING AXI) IIIRIXf; HORSES. 109 



fit for such purpose (*■/), nor will this warranty Ijo Joimastor 

 weakenod by tlio fact, that tlio gentleman or other duRo war ' 

 person hiring that carriage and horse, has selected J;'" purposo 

 out of the owner's stahles a particular horse, as ^"red. 

 the latter hy allowing the horse to go out has 

 ini])lied that the animal is fit for the work for 

 wliieh he is selected. On the other hand, the 

 hirer has no business to use the horse for any 

 other purpose tlian tli;it for wliicji llio animal was 

 hired. If a gentleman liircs a horse as a riding 

 horse, he must not put the animal into harness ; if 

 he does so and an accident happens the hirer is 

 liable. Also the hirer should remember that, 

 although as a nde, which will bo more fully ex- 

 plained, horses hired are at the risk of the owmer 

 and letter, and that the latter is liable for almost 

 any accident or loss, still if the hii-er keeps the 

 animal longer than the time stipulated iov letting, 

 then he is answerable in almost any event. 



As was said, as a rule the owner of a horse 

 letting it out for hire is answerable for every loss 

 and accident sustained. At all events he is an- 

 swerable unless he can prove positive negligence 

 b}' the hii-er. Thus where one hired a horse which 

 fell down and broke its knees while being driven 

 by the hirer, the o^NTier failed in his action to 

 recover compensation, although he proved the 

 horse was a good horse and not a stumbler, but 



(rt) C/ww V. Joiics, 10 L. T. 231, 308. 



