RIGHTS OF THE BAILEE. 423 



Where one undertakes to drive another's horses to a dis- 

 tant market and sell them as he would his own and becomes 

 ill on the way and unable to attend to them in person, he 

 may employ an agent to do so without incurring additional 

 liability.^^ And where A. asked the agent of the seller of 

 a horse to let him have it to try and the agent did so, it was 

 held that A. was entitled to put a competent person on the 

 horse and not limited to trying it himself.^* 



The bailee of an animal may maintain an action against 

 a third person for an injury to the animal.^^ Thus, where the 

 gratuitous bailee of a horse turned it into a field at night 

 surrounded by a fence which his neighbor neglected to repair 

 and by reason thereof the horse fell into an adjoining field 

 and was killed, it was held that the bailee could recover the 

 value of the horse in an action. ^^ So, the bailee with whom 

 a yoke of oxen are left "as a pawn or indemnity" for the 

 return of a hired horse, may maintain detinue against any 

 person who does not show a better title. ^''' And the bailee 

 may sue for the breach of a contract for the transportation of 

 the animal,^* or for the conversion of an animal unlawfully 

 impounded.^' 



Where the hirer has paid the owner, the value of the ani- 

 mal may properly be recovered in an action by the hirer 

 against the person through whose negligence it was killed.^" 



But where the owner of a horse delivered it to the plaintiff, 

 an auctioneer, for sale with liberty to use it till sold, and the 

 horse, while driven by the plaintifif's servant along a highway, 



'° McLean v. Rutherford, 8 Mo. log. 



"■ Camoys (Lord) v. Scurr, 9 C. & P. 383- 



"' Hare v. Fuller, 7 Ala. 717; Harrison v. Marshall, 4 E. D. Smith (N. 

 Y.) 271. 



He may recover for an injury done to it by a trespassing animal: Mason 

 V. Morgan, 24 U. C. Q. B. 328, cited in § 76, supra. 



'° Rooth V. Wilson, i B. & Aid. S9- " Noles v. Marable, 50 Ala. 366. 



" Harvey v. Terre Haute & L R. Co., 74 Mo. 538. 



"McKeen v. Converse (N. H.), 39 Atl. Rep. 435- 



°° Littlefield v. Biddeford, 29 Me. 310. 



