BORROWING HORSES. 245 



Where a person rides a horse gratuitously at the owner s Showing a 

 request, for the purpose of showing him for sale, he is bound ^^^^ ^°^ 

 in so doing to use such skill as he actually possesses, or such 

 as may be implied from his profession or situation, and he 

 IS equally liable with a borrower for injury done to the 

 horse while ridden by him. In a case tried before Mr. 

 Baron Eolfe, it appeared that the plaintiff had entrusted a 

 horse to the defendant, requesting him to ride it to 

 Peckham, for the purpose of showing it for sale to a Mr. 

 Margetson. The defendant accordingly rode the horse to 

 Peckham, and, for the purpose of showing it, took it into 

 the East Surrey Race Groimd, where Mr. Margetson was 

 engaged with others playing at cricket ; and there in con- 

 sequence of the slippery nature of the ground, the horse 

 slipped and feU several times, and in falling broke one of 

 his knees. It was proved that the defendant was a person 

 conversant with and skilled in horses. 



The learned Judge in summing up left it to the jury to 

 say whether the nature of the ground was such as to render 

 it a matter of culpable negligence in the defendant to ride 

 the horse there ; and told them, that under the circum- 

 stances the defendant being shown to be a person skilled in 

 the management of horses, was bound to take as much care 

 of the horse as if he had borrowed it ; and that if they 

 thought the defendant had been negligent in going upon 

 the ground where the injury was done, or had ridden the 

 horse carelessly there, they ought to find for the plaintiff, 

 which they did. 



The Court of Exchequer refused a rule for a new trial 

 applied for on the ground of misdirection. Lord Abinger, 

 C.J3., saying, " We must take the summing-up altogether; 

 and all it amounts to is, that the defendant was bound to 

 use such skill and management as he really possessed. 

 Whether he did so or not, was, as it appears to me, the 

 proper question for the jury." 



And Mr. Baron Parke said, " The defendant was shown 

 to be a person conversant with horses, and was therefore 

 bound to use such care and skill as a person conversant 

 with horses might reasonably be expected to use ; if he did 

 not, he was guilty of negligence." 



And Mr. Baron Rolfe said, " The distinction I intended A gratuitous 

 to make between this case and that of a borrower is, that ^*^^*- 

 a gratuitous bailee is only bound to exercise such skill as 

 he possesses, whereas a hirer or borroiver may reasonably 

 be taken to represent to the party who lets or from whom 



