OWNERSHIP OF ANIMALS 259 
the colt. A contrary view was expressed in an 
Arkansas case.27 
209. Liability of Owner of Stallion. The owner 
of a stallion is liable for injuries to a mare while 
being served, due to the negligence of such 
owner.*§ Wrong entry is evidence of negligence.?® 
210. Gelding a Stallion. Where a stallion was 
not kept for breeding purposes as provided by the 
code, or defendants did not have knowledge of 
such fact, and they found him running at large 
out of the enclosed grounds of the owner in any 
month from March to November, they had the 
right under the Oregon statute to geld him, with- 
out first taking the animal to the owner twice.®° 
One C. A. L. Loomis had a colt running in the 
pasture of W. H. Loomis, with other horses, among 
which was a valuable standard bred stallion colt 
belonging to W. H. Loomis. C. A. L. lived in 
town. He engaged a veterinarian to geld his colt, 
but said that his son would take the veterinarian 
to the pasture and show him the colt. Whereupon 
the veterinarian found the boy and told him that 
he was to geld ‘‘Loomis’s colt.’’ The boy mis- 
understood, and assisted in catching the colt of 
W. H. which was then operated upon. The vet- 
erinarian was held for damages, and the measure 
of damages was to be the value of the colt immedi- 
26 Harby v. Wells, 52 8. C. 
156, 29 S. E. 563. 
27 Easter v. Goyne, 51 Ark. 
222. 
28 Cavender v. Fair, 40 Kas. 
182, 19 Pac. 638. 
29 Medsker v. Pogue, 1 Ind. 
App. 197, 27 N. E. 432; Scott 
v. Hogan, 72 Iowa, 614, 34 N. 
W. 444; Peer v. Ryan, 54 Mich. 
224, 19 N. W. 961. 
30 Tucker v. Constable, 16 
Ore. 407, 19 Pace. 13. 
