270 ESSENTIALS OF VETERINARY LAW 
held liable for whatever may happen until the 
animals are recovered. 
223. Bailment Implies Knowledge of the Bailee. 
‘«An example used by many of the authors on this 
subject is where one, by mistake, puts his pur- 
chased articles into another’s wagon in the street, 
and the owner, without any knowledge of their 
presence, drives away with them. So long as he 
is ignorant of having them in his possession he 
is under no obligation to care for them; he may 
lose them by the grossest carelessness upon his 
part, and he is not liable because he is not in any 
sense a bailee; but the moment he discovers the 
parcels, and has knowledge of the fact that he has 
them in his possession, from that moment he be- 
comes a bailee, and is legally bound to care for 
them, and if lost, under certain circumstances 
would be liable to the owner.’’! So the owner of 
property upon which animals have wandered is 
not a bailee so long as he is ignorant of their pres- 
ence; but if, after he knows of their presence, and 
while they are still upon his place, they should be 
injured through any act, or negligence on his part, 
he may be held liable to the owner for injury 
suffered. 
224, Care Required of Bailee. The degree of 
care demanded of the bailee in the discharge of 
his obligation varies greatly according to cireum- 
stances. The decision of the question depends, 
first, upon the terms of the bailment. Manifestly, 
when the animals bailed are being kept free for 
the interest of the bailor the degree of care which 
1Van Zile, Bailments and 
Carriers, 18. 
