424 BAILMENT. 



was frightened by a steam tramcar of the defendants travel- 

 ling at an improper rate of speed and was injured and the 

 plaintiff brought an action to recover for diminution in value, 

 it was held that he, being under no liability to his bailor 

 for the injury, could not recover.^' 



100. Duties and Liabilities of the Bailee — The bailee of an 

 animal must return it in as good a plight as when received 

 with allowance for the ordinary results of use, and where it 

 is returned in bad condition or is not returned at all the 

 burden is on him of showing that he exercised due care.^^ 



The law implies that the hirer is bound to provide the 

 animal with food, unless there is an agreement to the con- 

 trary.^^ And where the hirer of a horse by improperly feed- 

 ing and watering it made it sick and returned it in that condi- 

 tion to the owner, it was held that he was liable for the full 

 value, if the owner by reasonable care employed a veterinary 

 surgeon who used his best judgment in treating the animal, 

 though such treatment was improper and contributed to its 

 death. ^* It is the duty of the owner in such cases to use 

 all reasonable efforts to cure the animal and for his expense, 

 as well as for his trouble and attention, he may recover dam- 

 ages.*^ If the hirer himself calls in a physician, he is not 

 answerable for a mistake which the latter may make in treat- 

 ment, but if he prescribes for the horse himself and from un- 

 skilfulness gives it a medicine which causes its death, though 

 acting in good faith he is liable to the owner as for gross 

 negligence.*® 



After a hired horse has become sick or exhausted, the hirer 



" Claridge v. South Staffordshire Tramway Co., [1892] i Q. B. 422. 



" Morris v. Armit, 4 Ma. 152; Mackenzie v. Cox, 9 C. & P. 632; Amot 

 V. Branconier, 14 Mo. App. 431; Baren v. Cain, 15 111. App. 387; Bennett 

 V. O'Brien, 37 III. 230; Purnell v. Miner (Neb.), 68 N. W. Rep. 942. 



" Handford v. Palmer, s Moore 74. 



" Eastman v. Sanborn, 3 Allen (Mass.) 594- 



"" Graves v. Moses, 13 Minn. 335. '° Dean v. Keate, 3 Camp. 4. 



