BORROWING HORSES. 247 



annexed to the person of the defendant, and could not be 

 communicated to another (i). 



If a horse or cart, or such other thing as may be used Must be used 

 and delivered again, be used according to the purpose for ff "["^^^f *° 

 which they are lent and they perish, he who owns them ** ^ °°' 

 must bear the loss, if they perish not through default of 

 him who borrowed them, or he made a promise at the time 

 of delivering to redeliver them safe again (Ji). 



But if they be used in an^ other manner than according or else the 

 to the lending, in whatever manner they may perish, if it I'o'Tower is 

 be not_ by default of the otvner, the borrower is chargeable '^'^^^'^^^'^■ 

 both in law and conscience (l). Thus, if the borrower, 

 instead of coming to London, for which purpose the horse 

 was lent, go towards Bath, or having borrowed him for a 

 \\'eek, keep him for a month, he becomes responsible for 

 any accident that may befall the horse in his journey to 

 Bath, or after the expiration of the week {m). 



In regard to time, if no particular time is f.x'ed a reason- Where no 

 able time must be intended, keeping in view the objects of J™'^ '? ^^^^ 

 the bailment. If a horse is lent for a journey, it is pre- 

 sumed to be a loan for the ordinary time consumed in such 

 a journey, making proper allowance for the ordinary delays 

 and the ordinary objects of such a journey («). 



But where the borrower of a horse promised to re-deliver EedeKvery on 

 it on request, and the horse died without his default before '^'^l™'^^''- 

 request, he was held not liable (o) . 



• A party who borrows a horse is bound to feed it during Borrower 

 the time of the loan {p) ; and if it is returned out of t^^horse*^"^ 

 condition, the borrower would probably be called upon to 

 prove that he fed it properly, and that the falling off in 

 condition did not arise from any neglect on his part (2'). 



Where the horse is exhausted and refuses his feed, )i% must "Where the 

 not be ridden or driven any further (r). hausted.^^' 



If a man through his own imprudenee has his borrowed ^yj^^^g \^q 

 horse killed, by robbers for iustance, or by a ruinous house horse is 

 or stable, in manifest danger of falling, coming on to his killed. 

 head, the owner is entitled to the price of the horse, but 



(j) Bringloto v. 3Iorrice, 1 Mod. (0) Williams v. Lloyd, Jones on 



E. 210; 3 Salk. 271. BaUments, 179; S. C, nom. TVil- 



{k) JSToy's Maxims, 91. Hams v. Sill, Palm. 548. 



[tj Ibid. (p) Haiidfordy. Falmer, 2 B. & 



(m) Jones on Bailments, 68 ; Bing. 359. 

 Coggs V. Bernard, Ld. Raym. 915; (q) Bray y. Mayne, I Gow, 1 ; 21 



2 Ld. Eaym. 909 ; 3 Bract, c. 2, E. R. 786. 

 s. 1 ; 1 Smith's L. C. 9th ed. 201. ()•) Ibid. And see Hiring Horses, 



in) Story on Bailments, 161. ante, p. 234. 



