278 ESSENTIALS OF VETERINARY LAW 
the delivery of the milk to the owner, clearly all 
of the milk should be so delivered. A horse kept 
in a stable must be exercised to preserve its health, 
and if it be driven no more than is necessary for 
that purpose, even though the bailee drove it for 
use it would not ordinarily be considered a viola- 
tion of his duty as bailee; but if the contract ex- 
pressly forbade such driving he would be held 
liable.?° 
231, Actions for Liability of Bailee. Where 
the petition in action sought to recover for the loss 
of certain cattle put to pasture, through the care- 
lessness and negligence of the agister, the burden 
of proof was held to be on the plaintiff.21 The 
hirer of a horse, to avoid liability for injury, was 
not bound, to show how the injury was received; 
it being sufficient to show that it was mysteriously 
inflicted in the night, whereupon the owner was 
bound to show the hirer’s negligence.22, Where a 
horse is let on contract providing that on a day’s 
notice the horse shall be returned in same condi- 
tion as received, compliance is excused by the 
death of the horse without fault of the bailee.?* 
Under a contract to pay the value of a mare if 
not returned in good condition, the acceptance of 
the mare does not constitute a rescission of con- 
tract, or waiver of right to recover her value.?* 
20 Collins v. Bennett, 46 N. 23 Am. Preservers’ Co. v. 
Y¥. 490. Drescher, 4 Mise. (N. Y.) 482, 
21 McCarthy v. Wolfe, 40 Mo. 24 N. Y. Sup. 361. 
520; Rayl v. Kreilich, 74 Mo. 24 Austin v. Miller, 74 N. C. 
App. 246; Casey v. Donovan, 274. 
65 Mo. App. 521. 
228anford v. Kimball, 106 
Me. 355, 76 Atl. 890. 
