448 BAILMENT. 



not exempt from rent due to the landlord of the 



IS 



premises. ^^^ 



With regard to the stable-keeper's own horses, when he 

 lets them to hire he impliedly promises that they are suitable 

 for the purpose for which they are required and not vicious.^^^ 

 If he knows of the viciousness or bad habit of the animal, or 

 by the exercise of reasonable care should know of it, he is 

 liable for an injury resulting to the hirer.^^^ And if the hirer 

 took a horse not intended for him, the keeper knowing of the 

 mistake and of the purpose for which it was wanted, but 

 giving no notice, the latter is liable for an injury caused by 

 its unsuitableness for such a purpose.^** But the keeper's im- 

 plied warranty does not extend to defects which he does not 

 know of and could not have discovered by the exercise of 

 due care, and he is not liable if the hirer is injured through 

 .such defects.^*® Nor is he liable where his horses ran away 

 and injured one whom he had not contracted to drive. ^^® 

 And he is not responsible for the warranty of a particular 

 horse by one who conducts an auction sale of horses at his 

 stable, or for an agreement by him to take back the horse if 

 it is not as represented to be, where such stable-keeper is not 

 a party to the contract. i^'' Where the keeper knew that the 

 hirer expected to use a road over ice and failed to warn him 

 of circumstances which might render the road dangerous and 

 the horse and sleigh went through the ice and were 16st, it 

 was held that there could be no recovery in damages."^ 



With reference to the employment of servants, it is his 

 duty, as was said in an Ilhnois case, "as a carrier of passengers, 

 to furnish a driver, competent, skilful and careful . . . and 



'" Parsons v. Gingell, 4 C. B. 545- '" Windle v. Jordan, 75 Me. 149. 

 "° Lynch v. Richardson, 163 Mass. 160; Kissam v. Jones, 56 Hun (N. Y.) 

 432. As to his duty to notify the hirer, see § 93, supra. 

 ^" Home V. Meakim, 115 Mass. 326. 



'°' Copeland v. Draper, 157 Mass. 558. "» Siegrist v. Arnot, 86 Mo. 200, 

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

 See, also, as to warranty. § 30, supra. 

 '™ McKenzie v. Lewis, 31 Nov. See. 408. 



