HIEING HORSES. 



237 



special purpose, and the bailee, when that purpose is exe- 

 cuted, neglects to return it, and afterwards disposes of it ; 

 if he had not a felonious intention when he originally took 

 it, his subsequent withholding and disposing of it will not, 

 at common law, constitute a new felonious taking, or make 

 him guilty of felony (y). 



But these questions will not now arise in cases of the 

 kind just referred to, as by 24 & 25 Vict, c 96, s. 3, 

 the fraudulent appropriation of property by bailees is 

 declared to be larceny, and may be the subject of an indict- 

 ment for larceny. 



Of course a person is liable to pay for horses used by 

 himself and hired on his behalf by his servant. Thus, if 

 a coachman go in his master's livery, and hire horses which 

 his master uses, the master will be bound to pay for the 

 hire of the horses, though he has agreed with the coachman 

 that he will pay him a large salary to provide horses, 

 unless the person letting the horses had some notice that 

 the coachman hired them on his own account, and not for 

 his master (s) ; for wherever one of two innocent persons 

 must suffer by the acts of a third, he who has enabled such 

 third person to occasion the loss, must sustain it (a). 



In general the owner of a horse is liable for any acci- 

 dent which may befall it when fairly used by the hirer (b). 

 Thus, where a carriage is let for hire, and it breaks down 

 on the journey, the person who lets it is liable, and not the 

 hirer (c) ; unless it breaks down through some act, of the 

 hirer, which is not within the contract {d) . And we shall 

 see in a variety of cases, what are the circumstances under 

 which owners have been held liable for damage, inflicted 

 through the negligent use of carriages or horses they have 

 let for hire. 



If a man hire a carriage and any number of horses, and 

 the owner send with him his postilion or coachman, the hirer 

 is discharged from all attention to the horses, and remains 

 obliged only to take ordinary care of the glasses and inside 

 of the carriage while he sits in it, and he is not answer- 

 able for any damage done by the negligence of the owner s 

 servants {e). 



{y) Rex V. Banlcs, R. & R. 441. 

 But see post. 



(a) Rimell v. Sampayo, 1 C. & P. 

 254. 



(a) Per Asliurst, J., LickbarrowY. 

 Mason, 2 T. R. 70 ; 1 R. R. 425. 



(J) See Arion y. Fussell, 3 F. & 



nally taken 

 with a felo- 

 nious intention 

 at common 

 law. 



Now bailee 

 indictable for 

 larceny by 

 24 & 25 Vict, 

 c. 96. 



Horse hired 

 by a servant. 



Owner's lia- 

 bility in case 

 of accident. 



Horses 

 driven by the 

 owner's ser- 

 vants. 



F. 152 ; and Holmes v. Onion, 2 C. 

 B., N. S. 790. 



(c) Sutton Y. Temple, 12 M.& W. 

 60. 



id) Lygo v. Scwholt, 23 L. J., 

 Ex. 108. 



(c) Jones on Bailments, 83 ; 



