BAILMENT 273 
so, and by reason of it the bailee is injured, the 
bailor will be liable. As, for example, if the bailor 
should loan a vicious horse, it is his duty to notify 
the bailee of the fact, and if by reason of the 
bailor’s failing to give such notice the bailee 
should be injured, he may recover damages of 
the bailor.’’ 4 
If a livery man hires out a horse accustomed to 
run away, and fails to notify the person hiring 
it, he will be liable for the full amount of damages 
which may result from such an act. But if, having 
been warned of this habit, the bailee fails to exer- 
cise care and diligence proportional to the warn- 
ing given, and the horse runs away, the bailee may 
be held liable for all damage sustained, not only 
by the owner of the horse, but also by other per- 
sons. 
227. Liability of Bailee. A man would not use 
his own horse if it were sick or lame. When a 
horse becomes sick or lame it is therefore the duty 
of the bailee to abstain from using it, and if he 
continues he is liable for any injury resulting.® 
The bailee is not liable for injuries not caused 
by his abuse or negligence.® If a hired horse is 
taken ill and the bailee calls a farrier he is not 
liable for the farrier’s lack of skill, but he may be 
held liable for gross negligence if he be not care- 
ful in the selection of a competent veterinarian.’ 
Every contract of letting impliedly warrants 
4Van Zile, Bailments and 6 Thompson v. Harlow, 31 Ga. 
Carriers, 22. 348; Perham v. Coney, 117 
5 Hawkins v. Haynes, 71 Ga. Mass. 102. 
40; Leach v. French, 69 Me. 7Dean v. Keate, 3 Campb. 
389, 31 Am. Rep. 296; Edwards 4. 
y. Carr, 13 Gray (Mass.) 234, 
