588 LEGAL DEPARTMENT. 



spread of the disease among the purchaser's cattle. It must be shown, 

 however, that the damage was the direct result from the diseased 

 cattle and not from some remote cause. 



The owners of strayed horses and cattle are liable in damages for 

 injuries done by them, if they are at large by reason of the owner's 

 negligence. 



The owner of animals is bound to bring to the notice of those deal- 

 ing with his animals, as bailees for hire, farriers, agisters, keepers of 

 boarding stables, etc., any vicious trick or habit the animals may have, 

 as biting and kicking of horses; horning of cattle; biting of dogs; else 

 he will be liable for any injury inflicted upon such persons in conse- 

 quence of such vicious habits. 



But this does not extend to injuries inflicted in consequence of habits 

 which are not dangerous /«•;- se, as when a horse is in the habit of pull- 

 ing back on the halter when restless. 



In letting a horse the owner impliedly undertakes that the animal 

 shall be capable of performing the journey for which he is let, and if 

 without fault of the hirer, the horse becomes disabled by lameness or 

 sickness, any expense the hirer may incur thereby is a valid claim 

 against the owner. 



One who loans horses is not responsible to a third party for damages 

 done by reckless driving, or through negligence of a hirer or borrower, 

 otherwise than when he entrusts his wagon and horse to an obviously 

 incompetent person. 



One who hires a horse is bound to only ordinary care in using it, and 

 if he uses such care he will not be liable if the horse, during such 

 reasonable use, is lamed or injured. But if he hires a horse for a 

 definite period, and uses it after the time has expired, he will be liable 

 for any injury it may receive during such extra use, and the same prin- 

 ciple will apply if he drives it beyond the distance agreed upon. The 

 horse must be used for the purpose it was hired, and for no other. 



Where one hires a horse and receives special instructions from the 

 owner about its use, he must comply with the instructions, or he will 

 be liable for loss occasioned by disregarding them. 



A bailee of animals for hire is bound to exercise that degree of care 

 and prudence that a prudent man would exercise over his own property. 



Animals may be destroyed where it is found necessary to protect - 

 person and in some instances where it is necessary for the preservation 

 of property (Aldrich v. Wright, 53 New Ham. 398.) 



