DAMAGES ; SALE. 323 



mal impounded and sold, the burden is on the defendant to 

 show that proper notice has been given.*^ The notice of sale 

 should mention the place where the sale occurs, or it is not 

 legal.*" 



An ordinance providing that the pound-keeper may in his 

 discretion sell impounded animals to the highest bidder does 

 not authorize doing so at a private sale.*^ 



A person claiming title under a pound-master's sale must 

 show, in order to divest the owner's title, that the animal was 

 liable to be impounded and that the proceedings were author- 

 ized by law.®^ But in Nova Scotia it was held that the owner 

 of an animal wrongfully impounded could not recover against 

 a purchaser at a public auction by the pound-keeper under a 

 lien for maintenance, where the sale had been regularly and 

 properly conducted.*® 



85. Horses left Unguarded in the Highway With regard to 



leaving horses unhitched or unguarded in the highway, the 

 prevailing rule appears to be that this is not negligence per se 

 but is to be left for the jury to consider with all the circum- 

 stances.®*' "Whether it is negligent to leave a horse im- 

 hitched must depend upon the disposition of the horse, 

 whether he was under the observation and control of some 

 person all the time and many other circumstances, and it is 

 a question to be determined by the jury from the facts of each 

 case." ®^ And in a Kansas case where it was held that a per- 

 son is liable for an injury done by his runaway horse that had 



^'' Fort Smith v. Dodson, 51 Ark. 447. 

 ™ Sutton V. Beach, 2 Vt. 42. 



See, as to sufficiency of notice, Dodge v. Baker, 24 Nov. Sco. 552. 

 " Archer v. Baertschi, 8 O. Circ. Ct. 12. 

 ''Johnston v. Kirchoff, 31 Minn. 451. 

 " Dodge V. Baker, 24 Nov. Sco. 552. 



"Dexter v. McCready, 54 Conn. 171; Park v. O'Brien, 23 id. 339; 

 Potter & Parlin Co. v. N. Y. Cent. & H. R. R. Co., 22 Misc. (N. Y.) 10. 

 See Fallon v. O'Brien, 12 R. I. 518. 

 See, also, on this subject, § 68, supra. 

 " Griggs V. Fleckenstein, 14 Minn. 8t. 



