422 BAILMENT. 



realized from the sale of the cattle exceeding a stated sum 

 per head, after deducting expenses of shipment and sale, and 

 also waived any lien against the cattle, — this was held not 

 to be a conditional sale but a bailment.^" 



99. Rights of the Bailee — Before considering the important 

 question of the responsibilities of the bailee, a few words may 

 be said regarding some of his rights. 



The lessee of an animal cannot be divested of possession 

 by the lessor's sale to a third party; " and the lessor is liable 

 in trover if he removes the animal before the term has ex- 

 pired.^* Nor as a general rule can the owner recover if the 

 animal is injured by doing the very thing contracted for,^* 

 though this rule has qualifications that will be considered 

 later. And where a horse is let on a contract providing that 

 on a day's notice it should be returned in the same condition 

 as when received, its death without the bailee's fault is an 

 excuse for non-compliance.^" 



Where both parties are silent as to the number of persons 

 who may ride in a hired carriage, the hirer may carry such a 

 number as the vehicle was made for, not exceeding the ordi- 

 nary load adapted to the team.^^ And the hirer of a horse is 

 authorized to put on the horse, in addition to his own weight, 

 such reasonable baggage as is usual for men to carry on 

 horseback.^^ 



" Union Stock- Yards & Transit Co. v. Western Land & Cat. Co., 59 

 Fed. Rep. 49. 



" Hardy v. Lemons, 36 La. Ann. 146. See Mahon v. Crowe, 28 Nov. 

 Sco. 250. 



" Hickok V. Buck, 22 Vt. 149. 



.Tlie owner of a horse left at another's stable to be boarded at a certain 

 rate per week cannot end his responsibility for board by mere notice 

 without accepting possession of the horse: Andrews v. Keith, 168 Mass 

 5S8. 



" Ruggles V. Fay, 31 Mich. 141. 



''° Amer. Preservers Co. v. Drescher, 4 Misc. (N. Y.) 482; Whitehead v. 

 Vanderbilt, 10 Daly (N. Y.) 214. 



^' Harrington v. Snyder, 3 Barb. (N. Y.) 380. 



"^ McNeill V. Brooks, i Yerg. (Tenn.) 73. 



