248 



LIVERY-STABLE KEEPERS, AGISTERS, ETQ. 



Where the 

 horse dies 

 from disease. 



Where bor- 

 rower is 

 answerable 

 for damage. 



Bailment 

 ended by 

 misuser. 



not if the house or stable were in good condition, and fell 

 by the violence of a sudden hurricane («). 



"Where a horroioed horse dies from disease, the iorroioer 

 is not answerable. Thus, in Williams v. Hide et Uxor, (f) 

 the plaintiff declared that in consideration that he had lent 

 to the defendant's wife, dmn sola, a horse to be returned 

 upon request, she promised to return it upon request, but 

 had not done so. The defendants pleaded that, before the 

 request, the horse p«r diversos mo)'bos in corpore suo 

 crescentes moritur, and so they could not re-deliver it. 

 Upon demurrer the defendants had judgment ; for, where 

 the agreement is possible when made, but afterwards 

 becomes impossible by the act of God, the party is for ever 

 discharged. 



A person borrowing a horse or carriage is answerable 

 for any damage occasioned by negligent management, 

 whether done by himself or another person in driving (m). 



But the borroiver of a horse is not liable to the owner 

 for an injury due to the negligence of a stranger. Thus, 

 where the owner of a horse sent it to an auctioneer, with 

 liberty to use it until sold, and whilst it was being driven 

 by the bailee's servant along a highway, it was frightened 

 by a steam tramcar, which was travelling at an improper 

 speed, and in consequence fell, plunged, and injured itself, the 

 accident being wholly due to the negligence of the tramway 

 company ; it was held that the auctioneer could not main- 

 tain an action to recover the diminution in the value of the 

 horse, as he was under no liability to the owner for the 

 injury it had sustained (a;). 



The rule is, that when there has been a misuser of the 

 thing lent, as by its destruction or otherwise, there is an 

 end of the bailment, and an action of trover is maintain- 

 able for the conversion (y). 



(s) Jones on Bailments, 68. 



it) Williams v. JSClde et TTxor., 

 Palm. 648 ; cited in Fo-wel v. Salis- 

 bury, 2 Y. & J. 394. 



(!() Wheatky v. Patrick, 2 M. & 

 W. 650. And see Hiring Horses, 



ante, p. 240. 



(x) ClariUge v. South Staffordshire 

 Tramway Co.. [1892] 1 Q. B. 422; 

 61 L. J., Q. B. 503. 



(;/) See per Pollock, C.B., Bryant 

 T. Warden, 2 Ex. 482. 



