HIRING HOKSES. 235 



stables, it was in much worse condition than when 

 delivered. 



_ A veterinary surgeon in his evidence said that he con- Where the 

 sidered it a want of proper care and attention to compel ^°^*^ refuses 

 a horse to pursue his journey after it had been driven ''^ 

 twenty miles, and had then refused its feed ; and Chief 

 Justice Dallas directed the jury accordingly {k). 



His Lordship also held that the defendant was not en- >yhere the 

 titled to return the horse on payment of 10/., because as horse is re- 

 the horse, on being returned, was in a worse state than *"™^ ^° 



worse con- 



when originally delivered, the condition on which it was dition. 

 delivered had not been fulfilled (/.:). 



If Si hired horse is taken sick on the journey agreed upon. Expenses of 

 without the fault of the hirer, its cure is at the expense of f^™^^ ^'"'^ 



,1 /,\ ' ^ horse. 



the owner (/). 



But if the hirer prescribes medicines for it, he is answer- Where the 

 able for any improper treatment, but not if he call in a ^°'^^^ ^^ ™' 

 farrier. Thus, where a horse had been hired of the doctored. 

 plaintiff by the defendant, who, on the horse having been 

 taken ill, prescribed improper medicines for it, and the 

 horse died. Lord EUenborough said, "Had the defendant 

 called in z, farrier, he would not have been answerable for 

 the medicines the latter might have administered ; but 

 when he prescribes himself, be assumes a new degree of 

 responsibility ; and prescribing so improperly, I think he 

 did not exercise that degree of care which might be ex- 

 pected from a prudent man towards his horse, and was in 

 consequence guilty of a breach of the implied undertaking 

 he entered into when he hired the horse from the 

 plaintiff (m). 



Pothier says, that where a horse is let to one on hire, to be '^^'^° ™us* 

 kept by him for a certain period, the hirer is to pay for his "^^^ ^ '^^' 

 shoeing during that time. But that it is otherwise, if a 

 person lets his coach and horses to another for a journey, 

 to be driven by his own servants (m). 



A bailee of goods for hire, by selling them determines Bailment de- 

 the bailment, and the bailor may maintain trover against sg™™^the'' 

 the purchaser, though the purchase was bona fide (o). goods! 

 Thus, where a person hired a horse and sold it to a third 

 party, it was held by Mr. Justice Bosanquet that the owner 

 might recover its value from the purchaser, although he 



{k) Ibid. E. E. 735. 



{l) Pothier, Louage, p. 129 ; Story («) See Pothier, Louage, pp. 107, 



on Bailments, 258. 129; Story on Bailments, 208. 



^)m) Dean t. Xeate, 3 Camp. 4 ; 13 (o) Coopery. Willomatt, 1 G. B. 672. 



