430 BAILMENT. 



and one of the horses was injured and had to be shot, the com- 

 pany was held HableJ^ 



Where a horse received an injury while being shod by a 

 farrier, the accident being caused by his groom striking him 

 with a whip, the farrier was held relieved from hability though 

 no damage would have resulted had it not been for the unsafe 

 condition of the floor of the smithy.'^* 



102. Driving or riding beyond the agreed point; Sunday 



driving The cases generally hold that one going beyond 



the agreed distance with a hired horse is guilty of conversion 

 and liable without regard to negligence, if injury or death has 

 resulted therefrom to the horse.'^^ If the owner, however, 

 receives payment for the whole distance travelled he thereby 

 ratifies the hirer's act so that trover will not lie, and if the 

 horse has been injured by ill usage, the owner's remedy is 

 by action on the case for misfeasance.''* 



An infant also is liable in trover in such a case.''^ Thus, 

 where A., an infant, hired a horse from B. and agreed not to 

 drive it beyond G. but returned it sick and took another horse 

 with the intention of driving it beyond G. without, however, 

 disclosing such intention to B. who understood he was not 

 to drive it beyond G., and the horse was over-driven and died 

 in consequence, A was held liable in tort.'^ But an action 

 of contract for riding cannot be changed into tort in order 

 to make the defendant, an infant, liable.''^ 



Where one hires a horse to drive to a particular place and 



" Amer. Dist. Tel. Co. v. Walker, 72 Md. 454. 



"Allan V. MuUin, 4 Leg. News (Can.) 387. 



"Wheelock v. Wheelwright, s Mass. 104; Lucas v. Trumbull, 15 Gray 

 (Mass.) 306; Martin v. Cuthbertson, 64 N. C. 328; Farkas v. Powell, 86 

 Ga. 800; Welch v. Mohr, 93 Cal. 371; Kennedy v. Ashcraft, 4 Bush (Ky.) 

 530; Fisher v. Kyle, 27 Mich. 454; Murphy v. Kaufman, 20 La. Ann. SS9; 

 Evertson v. Frier (Tex. Civ. App.), 45 S. W. Rep. 201. 



" Rotch V Hawes, 12 Pick. (Mass.) 136. 



" Homer v. Thwing, 3 Pick. (Mass.) 492. " Ray v. Tubbs, 50 Vt. 688. 



" Jennings v. Rundall, 8 Term 335. 



