LIVERY-STABLE KEEPERS. 447 



while in the stable-keeper's care was shorn of its mane and 

 tail, it was held that he was responsible and that, without 

 proof to the contrary, the damage would be presumed to have 

 been committed by his servants or a consequence of their 

 negligence. ■'^^ And where he permitted the owner of certain 

 horses to go into the stable at a late hour of the night and 

 take them out, in consequence of which a horse of the plain- 

 tiff's escaped and was lost, either by passing out with the 

 others or by the door being left open, the stable-keeper was 

 held liable for the loss.^^® But where the keeper rents a stall 

 to another who finds his own employee and food for his 

 horses, the former is not liable if the animals are lost or 

 stolen.i®^ 



It is the duty of the keeper when the horse becomes sick 

 to see that such treatment is given as reasonable care would 

 dictate, or else to give notice of sickness to the owner.^** 

 Where the owner falsely represented that his horse had re- 

 covered from distemper, thereby causing an injury to two 

 stallions in the livery-stable, it was held, in an action brought 

 by the stable-keeper, that evidence of the profit the plaintiff 

 would probably have derived from the service of the animals 

 during the foaling season could be given, not definitely to fix 

 the measure of damages, but for the consideration of the jury 

 as an aid in estimating them.^*^ 



Evidence that the defendant left his horse at the plaintiff's 

 stable and that the latter furnished board and attendance and 

 medical care for it, will, standing alone, justify a recovery 

 by the plaintiff. i»» 



The horse of a customer standing at livery in a stable 



"° Durocher v. Maunier, 9 Low. Can. 8. 



"° Swann v. Brown, 6 Jones L. (N. C.) 150. 



And see Lockridge v. Fesler (Ky.), 37 S. W. Rep. 65. 



'" Berry v. Marix, 16 La. Ann. 248. 



'™ Hexamer v. Southal, 49 N. J. L. 682. 



"» Fultz V. Wycoff, 25 Ind. 321. And see § 89, supra. 



"° Smith V. Kiniry, 86 Hun (N. Y.) 541. 



