DUTIBS AND LIABILITIES OF THE BAILEE. 425 



is bound not to use it or he may become liable for its value. ^^ 

 Thus, it was held that the owner of a mare who lets her to a 

 street-car company engages that she is fit for the service, 

 but that, if she turns out not to be, it is the duty of the 

 company to abstain from further use without obtaining the 

 owner's consent.^^ On the other hand, it has been held that 

 one is not, as matter of law, guilty of negligence in driving 

 a hired horse after it has become sick or exhausted.** 



Reasonable care must be exercised in driving or riding a 

 horse: the bailee is responsible for overtasking its capacity; *" 

 and, unless he is manifestly incapable of exercising such care, 

 it is immaterial whether or not the bailor expected he would 

 be careless or unskilful.*^ If through carelessness the hirer 

 allows the horses to run away, he is liable for the result.*^ 

 But it is not necessarily an act of negligence to hitch a hired 

 horse to a tree by a road for an hour or two, though the 

 horse, in consequence of restlessness caused thereby, broke 

 from the control of the driver and ran away.** 



Where the drover for hire of cattle, some of which had 

 been frightened away by a train, continued to the end of his 

 journey before returning to seek the missing cattle, in an 

 action against him it was held that evidence was admissible 

 of what would have been the expense of feeding the rest of 

 the drove during the probable delay caused by such a return 

 and of the usual practice of drovers under like circumstances, 

 but not of drovers for hire alone as distinguished from those 

 that drove their own cattle; but that evidence of the price 

 received for driving the missing cattle was not admissible as 



"Bray v. Mayne, Gow i; Thompson v. Harlow, 31 Ga. 348; Marshall 

 V. Single, 36 Mo. App. 122. 

 " Bass V. Cantor, 123 Ind. 444. 

 " Spencer v. Shelburne, 11 Tex. Civ. App. 521. 



" Wentworth v. McDuffie, 48 N. H. 402; Wilcox v. Hogan, 5 Ind. 546. 

 " Mooers v. 'Larry, 15 Gray (Mass.) 451. 

 " West V. Blackshear, 20 Fla. 457; Casey v. Suter, 36 Md. i. 

 " Bradbury v. Lawrence, 91 Me. 457. 



