The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-01-12
Farm Law.
Responsibility of Graders and Owners
Of Animals.

| OfAnimals.
| Common law is understood to be founded
| upon common sense. An inn keeper who
puts up horse for one of his guests is held
| responsible for the safety and security of the
animal while it is in his possession. If the
horse is stolen, or gets kicked and injured
| by other horses, or steps Il foot through hole
| in the floor and breaks leg, the innkeeper is
| ordinarily liable for the loss or damage so he
| is if the stable and horse be destroyed by a
fire. An innkeeper is held liable as an in
surer of goods placed in his custody by a
guest, unless the loss be due to culpable neg
ligence or fraud of the guest, or ito the act
of God, or the public enemy" An innkeepsr is
supposed to keep his stable floor repaired, his
vicious horses where thay will not endanger
others, and to take upon himself the risk of
fire. A person who takes in horses to pas.
turc does not, like an innkeeper, insure their
safety. He is obliged to use reasonable care,
but is not liable for the wantonncss or mis-
chief of others.
Ii horse or other animal taken in to be
pastured, be stolen or lost by accident against
which the owner of the land could not guard,
he is not held responsible Yet if there was
particular negligence through which the
animal was lost or became injured, or if it
were proved that there was gross general
negligence to which the loss could be ascrib
ed, the grazier would be held responsible. If
the pasturer leaves the lars down or the gates
open, or obviously weak places in the fence
unrepalred, and the animals stray out and are
lost or stolen, he is using less than ordinary
diligence, and must make the loss good. If
dangerous pond hole, swamp or muck bed
is allowed in pasture, unprotected by o
suitable fence, and an animal taken in to
pasture get stuck in the mud and is lost, the
pasturer is liable for the loss. The loss would
also come upon him if he took the animals
in and agreed to pasture them gratutously
provided the pasture be not as safe as the
owner of the animals had right to expect.
If a pasturer takes in horse, knowing
him to be vicious, and other horses are iniur-
ed by him, the pasturer is liable for the
damages If one takes in an animal to pas
tuTe, and at the end of the Season the animal
is in poorer condition than when taken, the
owner of the pasture is understood to be
answerable, unless it can be shown that the
animal has some constitutional defect which
is the cause of his leanness, and that it is not
from having been kept in poor PASTURE
The case would be different if the owner of
the animal knew at the time the pasture was
first occupied how many animals were to be
kept in it, and consented to the arrangement.
In this case he would have no remedy, though
the food be eaten to the roots.
fla party hire pasture and agree upon
a certain price TO be paid for the feed grow
ing upon it tor specified term, the lessor
does not become liable for the quality of the
feed that grows, unless it can be proven that
there was an implied understanding that the
feed should be fit for the eatage of animals.
An accidental distribution of some poisonous
substance over the field, as in manure, or
otherwise, does not hold the owner of the
pasture liable. The party hiring has taken
such risks upon his own shoulders.
If cattle which are afflicted with conta-
gious disease break away from their owner
and stray into adjoining pastures and infect
other cattle with the disease. the owner of
the trespassing cattle is responsible for the
damage arising from the spread fthe disease,
and also for the injury done to the grass by
the trampng over it of his infected animals
1t is the duty of owners and keepers of ami
mails to restrain those animals, and the pub
lie at large are not required to protect them
selves or their property by fencing or other
wise.
If an innkeeper puts up horse belonging
to guest, the former has lien upon the
horse for his keep, whether he puts him in
his stable or turns him into his pasture; but
if a man takes in horses or cattle to pasture
Nv CeIlaiH piiCc per "cch, ol ny CONTRACT,
he can not detain them for the payment of
their keep unless there is special agreement
to that effect. BY the common law no lien
exists in the case of pasturement The owner
of animals pastured does not relinquish entire
possession, as, if he did, he would not have
the right to milk his cows while being pas.
tured by another party, nor to take them
away at any time he saw fit; but if special
agreement be made that the pas uring shall be
paid for before the cattle are removed, then
the pasturer has lien, and can hold the ami.
mails for payment, and the owner would be
liable for an action in trespass should he at
tempt TO remove them without first making
payment.
The foregoing decisions have been compil.
ed by the NJ f. Farmer from Hanovers
claw of Horses" published by Robt. Clark,
Cincinnati