TITLE V, 

 BAILMENT AND CARRIAGE. 



CHAPTER I. 



BAILMENT. 



98. Nature of bailment. 103. Action; damages. 



99. Rights of the bailee. 104. Agistment. 

 100. Duties and liabilities of the 105, 



bailee. 106, 



loi. Negligence of servants. 107 



102. Driving or riding beyond the 108, 



agreed point; Sunday driv- 109. 



ing. 



Lien of agistors and trainers. 



Breeding. 



Livery-stable keepers. 



Lien of livery-stable keepers. 



Innkeepers. 



98. Nature of Bailment — The principles of the law of Bail- 

 ment as applied to animals involve many peculiarities that 

 require careful consideration. Where an animal is borrowed, 

 the borrower is bound to exercise extraordinary care over 

 it.^ Where it is hired, the degree of care required is such 

 as is usual with men of ordinary discretion in the use of their 

 own property.^ The latter rule applies to all cases where the 

 possession of the animal is for the joint advantage of bailor 

 and bailee.* Therefore, if one who wishes to buy a horse, 

 takes it on trial and it dies or is injured in his possession, he 



' Hagebush v. Ragland, 78 111. 40. 



^ Howard v. Babcock, 21 111. 259; Bennett v. O'Brien, 37 id. 250; Moore 

 V. Cass, ID Kan. 288. 

 ' Jackson v. Robinson, 18 B. Mon. (Ky.) i. 



419 



