OWNERSHIP OF ANIMALS 257 
the structural form of joint predisposing to the 
spavin, but does not inherit the spavin. The form 
of joint is apparent to any horseman who inspects 
the animal. It is possible that the stallion might 
beget many colts without having one which de- 
veloped a spavin. The form of the animal is one 
of the points which the owner of a mare must con- 
sider in making a selection of a sire for his colts. 
On the other hand, owners of stock who knowingly 
expose other animals to a danger of disease con- 
tracted from their stock are, and should be, held 
liable for the damage thus caused. (§ 211.) A 
horse afflicted with dourine might transmit the 
disease to the mare, and from her it might infect 
the colt, causing its intrauterine death. A stallion, 
being kept for special purposes, and under special 
conditions, should not be classed with animals in 
general. It seems to us that the owner may rea- 
sonably be charged with a higher degree of care 
than animal owners generally, to insure the health- 
fulness of his horse; and if he be negligent, he 
should be held liable. 
207. Insurance of Get. By contract the service 
fee was due at the time of service, with the priv- 
ilege of next season in case of failure. Before the 
next season the horse died, but the court held that 
the owner was entitled to the fee; 18 but the con- 
trary decision was given in a Maine case.'® Ina 
case of contract for service, insured, the mare was 
sold, not with foal. It was held that the fee was 
18 Price v. Pepper, 76 Ky. 575, 45 Atl. 823, 49 L. R. A. 
42. 693. 
19 Pinkham v. Libby, 93 Me- 
