438 BAILMENT. 



sheep from an agistor was held Hable in trover to the owner,, 

 on his claiming to detain them for a debt due the agistor, 

 and was not allowed to deduct from the amount of the credit 

 the sum for feed which had been tendered by the owner and 

 refused.128 That an agistor has used feed belonging to an 

 estate of which he is administrator without accounting for it 

 is no defence in an action brought by him as an individual 

 against the owner of cattle for their keeping.^^* 



Under a contract for the pasturage of cattle, on breach of 

 provisions to furnish them with water and protect them by 

 fences, the owner may recover for all damage to the cattle 

 thereby and is not limited to the recovery of the amount 

 expended by him in trying to protect himself from damage 

 after the breach. "^^^ 



Where the agistor had falsely represented that there would 

 be a sufficient supply of water during the whole winter for 

 cattle pastvired in his lands which were at no time under his 

 control or subject to his direction, the measure of damages 

 was held not to be the market value of the cattle lost and 

 the difiference between the value of the herd as wintered and 

 their value if the supply of water had been ample, but the 

 increased cost and inconvenience in driving them to water 

 or moving them to proper quarters, — the agistor not being 

 an insurer of the lives or health of the herd.^^'' And the 

 proper damages in an action for violating a contract for the 

 use of a well were held to be the cost of hiring a man to 

 drive the stock twelve miles over a rough and dry country 

 and the resulting damages to the stock : the value of the horses 

 that killed themselves seeking for water while so driven was 

 held too remote.^^'^ Where a water company failed to comply 

 with their contract to furnish cattle with water and the owner 

 was obliged, in consequence thereof, to construct a fence-way 



"° Prentice v. Taylor, i F. & F. 469. ''* Bates v. Sabin, 64 Vt. 511. 

 '" Hardin v. Newell (Tex. Civ. App.), 40 S. W. Rep. 331. 

 "° Godding V. Colo. Springs Live Stock Co., 4 Colo. App. 14. 

 "^'Westfall V. Perry (Tex. Civ. App.), 23 S. W. Rep. 740. 



