Part 155

The _Field_ has often warned its readers against describing any horse they might have for sale as a “perfect” hunter, or “good” hunter. Describing a horse as a good hunter is giving a very comprehensive warranty of performance, and to a certain extent of soundness as well. No horse can be called a hunter unless he can jump, and his jumping powers may depend a great deal upon the man who rides him. If he jumps at all, he may either take the bit in his teeth and “commit” his rider to a fence 40 yd. off; or he may require a resolute man and a cutting whip to get him over anything like a ditch. No horse to whom either of these peculiarities attaches could be called a “good,” much less a “perfect,” hunter. It has never been expressly decided whether, under these assumed conditions, there would be a breach of warranty if the horse were so described, but the probabilities are against the seller. A horse that is in the very slightest degree touched in the wind is unsound, yet for practical purposes a whistler or a grunter is ten times more useful as a hunter than a horse with bad navicular, or a sprained sinew. But, so far as the law goes, the lame horse might be sold as a good hunter, while the whistler could not. Upon this ground, if a court were to decide that a horse described as a good or perfect hunter must be sound in wind and eyes, there would be every reason to expect that the same tribunal would hold that he must be sound on his feet and legs, or at any rate fit for immediate use. In the case of harness horses, however, it has been held that a warranty of soundness is not involved in one of quietness. Warranties of soundness are going out of fashion. But as the pedigree, or antecedents, of a horse often have a material influence on the price paid for him, a statement concerning one or both is often made by the seller as an integral part of the contract. Such assertions are just as much a warranty as if they referred to his quietness, age, or soundness, and, should they prove false, render the seller liable to an action for breach of warranty. It would be wise of the seller to say nothing, unless he himself received a written description with the horse, which statement he could show and explain to the person purchasing from him, when, should the contents be untrue, he will not be liable. When a horse is sent for sale to a commission stable, the commission agent is justified in repeating to a buyer the description given to him (the agent) by the owner of the horse, and the seller will be bound by that description. Of course the agent has no right to exceed his instructions and give a warranty on his own account. Should he do so, the seller will not be bound. But a warranty by an ordinary servant, or by a person directed by another to sell a horse, and put, for that purpose, in a position which to a stranger might seem to imply an authority to warrant, would bind the seller.

_Keeping._--Horse keeping must always be costly. Grooms’ wages, rent of stabling, hay, oats, straw, beans, carrots, bran, linseed, taxes, coals and candles, gas or oil, shoeing, stable implements, and veterinary attendance cost money in every establishment. When the whole cost is taken into account it will be found that in the case of full-sized horses the expense of each varies, according to circumstances, from about 30_s._ to 36_s._ or more a week, even when there is no waste. The prime cost of horses, carriages, and harness will depend to a great extent upon the purpose for which they are required. It is well to be circumspect in buying a second-hand vehicle, as getting up worthless carriages for sale is a regular trade. With harness and saddlery the best goods are everywhere the best economy.

The first item is the stable. If one is attached to the house, no extra cost will be incurred. The average charge for renting will be about 5_s._ per horse per week, inclusive of rates and taxes, but exclusive of fire, lights, or straw. If stabling be rented by the year, the weekly average will be less, as also in places where there is not much demand, and where it is rather of makeshift.

The groom should be a thorough stableman, conversant with the proper mode of dressing horses, methodical in habit, and honest. From 25_s._ to 30_s._ per week should secure the services of a good man, and for this sum he would find himself in everything. If accommodation allows, he might sleep on the premises, but should he sleep and live in the house his wages will be much less. He should know how to clip, singe, foment, put on a bandage properly, and give a horse a ball; but it is well to allow no drugs or physic to be given without the directions of a veterinary surgeon. If the man is a hard worker, he will look after 3 saddle horses and clean his master’s breeches and boots, single-handed; but this is rather trying him, and is more than the majority of grooms would undertake; in most instances it would be necessary to have a second hand--a lad at about 14_s._ a week would do--to “muck out” the stables, help dress the horses, and do rough work. Similarly, 2 hunters, a harness horse, and vehicle, will be heavy work for one man.

Many persons have their horses foraged by contract, supplies being sent in at fixed periods. In London some contractors do it for about 1_s._ or 1_s._ 2_d._ a hand, i.e. a horse not exceeding 16 hands will be foraged for about 16_s._ per week, while a pony not exceeding 12 hands would only cost 12_s._ When living in the country, purchase of neighbouring farmers. Let all forage be of the best quality--it is cheapest in the end. Oats and hay must be old--that is to say, oats and hay harvested in 1884 should not be used in the stables till the July or August following at the earliest. Some people give the last cut oats after Christmas; but it should never be done. A horse requires feeding often; though 3 times a day is sufficient, 4 times is better. Horses should drink before they eat, because water does not remain in the stomach, but passes through it into a large intestine called the cæcum. If a horse be fed first, the water passing through the stomach would be likely to carry with it particles of food, and thus bring about colic. Whatever a groom may say, let a horse drink just as much as he likes. If he be watered 4 times a day he will never take too much to be good for him. It will be cheaper to buy enough forage to last the season or more, than to be perpetually getting in small quantities. If a hunter--taking him as the typical horse, because he requires the best keep--be fed 4 times a day, he will have a quartern of oats at each feed, or a peck a day (4 quarterns = 1 peck), or 1 bush. of oats will last 4 days, and in 1 week he will eat 1¾ bush. With each feed a couple or three double handfuls of chaff should be given, as this will cause the food to be more thoroughly masticated. Hay is given in the rack morning and evening, about 6-8 lb. each time; though where horses are not limited as to oats they will not require so much. A truss of hay weighs 56 lb., so the weekly allowance to each horse may be set down at about 1½ truss. Some good judges recommend that hay should be in the rack between feeding times. Beans are more nutritive than oats, but are heating, and should not be given to a 4-year-old at all. A 5-year-old should not have them unless he works hard, and then not more than 1 lb. per diem; aged horses may have about 2 lb. per day divided into 3 feeds; but during a frost, or when only used for gentle work, such as hacking in the London season, beans should be dispensed with. Bran is chiefly used for mashes, and it is advisable to follow the time-honoured plan of giving one every Saturday night. Linseed gruel is, by some horses, preferred to that made from oatmeal; but the latter is refreshing and soothing if the horse will take it. A few carrots given every now and then will tend to keep the blood cool. Study the appetite of each horse.

For bedding there is nothing better than wheat straw. Oat straw is permissible, and cheaper. Barley straw must on no account be used. The quantity of straw required per week will vary with the care with which the groom separates the clean from the soiled in the morning, the wish of the owner as to the look of his stable, and the size of the box or stall. Speaking roughly, a careful groom can manage in an ordinary sized loose box with about 50-60 lb. per week, and with this allowance a horse can be well bedded and kept clean; this, of course, after the bed has been originally formed with about 2 trusses.

As to cost. Oats vary from 3_s._ to 4_s._ per bush.; best upland hay may be set down at 5_l._ a ton (40 trusses of 56 lb. in a ton); straw at 3_l._ 10_s._ a ton; and beans at a trifle more than 1_d._ a lb. Thus the cost of keeping a horse for a week will be:--

_s. d._

2 bush. oats, at 3_s._ 6_d._ 7 0 1½ trusses hay, at 2_s._ 6_d._ 3 9 14 lb. beans 1 6 60 lb. straw (say) 2 0 ----- 14 3

Something must be allowed for bran, linseed, and carrots; these may be set down at about 2_s._ per week.

Groom’s wages must be added. Suppose he receives 25_s._ per week, and only has one horse to look after, that one horse will cost the owner 39_s._ 3_d._ at the lowest estimate; if there be 2 horses, they will each stand at 26_s._ 9_d._, and so on. Shoeing may be set down roughly at 3_l._ per annum; the tax for a groom is 15_s._ per year; the veterinary surgeon may have to be called in occasionally; while coals and lights must not be left out of sight. From a money point of view, therefore, keeping horses in a private stable is, generally speaking, no cheaper than sending them to livery at 30_s._ per week; but the advantage is that they are generally better done at home. (_Field._)

Horses need well-ventilated stables, free from draught and damp. The floor should be smooth and nearly level. It should be well drained and light, for sudden change from darkness to light is trying to the eyes, and a damp, offensive odour is injurious. Then, again, the bedding and litter should be carefully separated from that which is foul. They should be well shaken up and dried, and the stall should be thoroughly cleansed; and when the stable is empty, let in plenty of fresh air. A horse’s stall should be large enough to allow him to lie down comfortably in any position. A tired horse will be glad to lie down with his legs stretched out if he has room; but if you cannot give him a loose box, then a light halter block should be used, and care taken to arrange the halter so that it may travel freely to allow the head to come easily to the litter, for rest and sleep are as necessary as food and water. If a horse comes to the stable wet, he should be rubbed dry before the blanket is put on. If he is standing about in the cold, it should be put on. The legs should be rubbed, and the hoofs always examined for stones. When dressed and made comfortable, leave a bucket of chilled water in the box, which should be filled up with cold the last thing at night when closing the stables.

_Cleaning._--One of the most important things in the management of farm horses is their cleaning, and yet nothing is more neglected. The horse should never be cleaned or harnessed while it is eating breakfast. Let horses eat their food in peace, for many, from sanguine temperament or greed, bolt their oats when handled during the time of feeding. Harness can be quickly enough put on after the feed is eaten, and time should then be taken to comb the mane and tail, and use a wisp of straw on the body and legs. When the horses come in at dinner-time, they should at once be _unharnessed_. The feed is then to be given, and before the harness is again put on, the horse should be thoroughly rubbed down with a wisp of straw or hay. If the horses are very warm on coming in, they should be rubbed down immediately after the removal of the harness.

The cleaning or grooming, which should be done at night, consists first in currying the horse with a currycomb to free him of the dirt adhering to the hair, and which being now dry, is easily removed. A wisping of straw removes the roughest of the dirt loosened by the currycomb. The legs ought to be thoroughly wisped, not only to make them clean, but to dry up any moisture that may have been left in the evening; and at this time the feet should be picked clean by the foot-picker--i.e. an iron instrument made for the purpose--of any dirt adhering between the shoe and the foot. The brush is then to be used to remove the remaining and finer portions of dust from the hair, which is cleared from the brush by a few rasps along the currycomb. This wisping and brushing, if done with some force and dexterity, with a combing of the tail and mane, should render the horse pretty clean. The skin of the farm horse should at all times be _clean_ if not _sleek_, and a slap of the hand upon the horse will show if there is loose dust in the hair. The currycomb should not be used below the knees, as it is apt to cause injury. For cleaning the legs and feet, nothing is better than the water brush.

At morning stables, after the carriage horse is “mucked out,” the next step is to quarter him over and pick and wash his feet out. The first quartering may be done with an old water brush, and means roughly removing from the horse with water alone anything imparted to his side by manure. By the time the horse has done feeding the quartering will have nearly dried. If the animal is for morning exercise the above is sufficient. The dressing proper can be done when he comes home. If he is for hunting or hacking that day a good stableman will set to work at him as soon as the horse has finished his feed. If he is a grey, and has become stained with manure in the night, the groom should well rub in, with his hands only, plenty of common brown soap (not soft soap), and use plenty of tepid water in doing it. Then take a clean water brush, and let his shoulder go at his work until the stain is out. This is easily seen, because if the man finds no discoloration in the water in the bucket when he has sponged (with a perfectly clean sponge) all the soap off, no particle of stain will remain. If the water used in stable work is hard, a little soda dissolved in it will cause the soap to lather well. The horse should be tied up short while being washed, and after the sponging the wet places should be thoroughly dried with a rubber, which should be cleanliness itself. Worn-out table linen makes the best stable rubbers, the older the better. When the washed parts are quite dry, the horse should be well dressed with a clean horse-brush; one with any old dirt or grease in it will make fresh stains. After dressing with the horse brush, his coat should be again well rubbed the right way with another dry rubber fresh from the towel-horse and the saddle-room fire. Lazy stablemen are in the habit of using powdered charcoal to remove stains from grey horses. The practice is idle and dirty. In the case of clipped horses, stable stains can be removed in a very short time, and not much more is requisite with that of a well-done horse with his summer coat on. When the coat is shifting, a little more labour is requisite.

_Driving._--Strict adherence to the rule of the road will not necessarily protect a driver from being liable for the result of a collision between another vehicle and his own. Sometimes he may be held to be negligent because he remained on the near side, and did not pull out of the way, even into the opposite gutter, if necessary. It is not possible to say what acts constitute negligent driving; the nearest rule that can be given is that drivers should act as reasonable men in the management of their vehicles. If they do anything that a reasonable man would not do, or omit to do anything that he would, then they are guilty of negligence; but acts that would amount to negligence in one case would not necessarily be so in another. Negligence on the part of a driver is not excused merely because the victim was also guilty of some degree of negligence, provided of course that it did not contribute to the _immediate_ cause of the accident. If, however, the proximate cause of an accident be a driver’s unskilfulness, the injured driver may not recover, although the _primary_ cause of the accident was the wrong-doing of some one else. If a man leave a horse and cart standing in the street without any one to look after them, and the horse, either by itself, or on being struck by a passer-by, backs into the window of a shop, and damages goods, the owner of the cart, having chosen to leave it in the street, must take the risk of any mischief. In cases where there is negligence on both sides, the rule to be deduced is, that a person injured by the negligent driving of another, cannot recover damages if but for own negligence, the accident would not have happened at all. Sometimes it may happen that a person who is driven into, or over, must bring his action, not against the driver of the vehicle inflicting the injury, but against a third party; as, for instance, if one carriage be so improperly driven as to compel a second carriage to take such a line as to make it collide with a third, the driver of the first carriage would be liable to the owner of the third. Lastly, in a pure accident, in which no one has been guilty of negligence, the injured party has no right of action at all. It is not because a man’s horse runs away, or becomes unmanageable, that the owner is to be responsible for any harm that may be sustained by a member of the public; a mutilated person is always entitled to sympathy, but not invariably to damages. (_Field._)

_Hiring._--Horses, carriages, or both, may be hired under 3 conditions: (_a_) Where the hired property remains on the owner’s premises; (_b_) Where, during the period of hire, it is transferred to the premises of the hirer; (_c_) Where it is hired from the owner for a particular journey, and returned to him as soon as this is performed. Under either of the 2 first conditions, the hiring may be for a period exceeding a year, or for any shorter time. All contracts not to be performed within one year from the time of making must be in writing and signed. An agreement made on the 1st of May, 1887, to hire horses for one year from that day, will terminate on 1st of May, 1888, and therefore be completed within the year, and so not require writing; but if the agreement (made on the 1st) be for a year’s hire, to commence on the 20th of May, the contract will not be completely performed until the 20th of May, or 20 days after the expiration of the year, consequently writing will be needed.

The chief inducement to hire instead of buying carriages and horses is, that by payment of an inclusive charge, the trouble and annoyance inseparable from keeping a private stable are avoided. The owner of a carriage let out to hire undertakes, in return for the sum paid, to do certain repairs, varying according to circumstances.

Most coachmakers now bind themselves to execute only such repairs as may be rendered necessary by fair wear and tear; accidents, however arising, being expressly exempted. The result is that, in the event of a “smash,” the hirer has to pay the owner for the damage; and, if the former or his servant is in fault, the loss falls on him; while, if the other vehicle be in the wrong, the hirer has to get his damages from its proprietor--the owner of the hired carriage being indemnified either way. If the carriage is bought out-and-out during the period for which it was originally hired, the seller is not bound to repair gratis after he has sold it.

Under ordinary circumstances the hirer of a horse is not responsible for any damage that may happen to it, so long as he has not been guilty either of negligence or of using the horse for a purpose other than that for which it was hired. But if he has broken the agreement made at the time of hiring, then he is liable for the loss resulting from his conduct. Where a horse is hired to take the hirer to a certain place, the usual and customary route should be taken, for should the hirer deviate unnecessarily from the most convenient road, he will be liable. In hiring horses for a special journey, care should be taken by the hirer to point out when he does and when he does not mean to go from place to place by the most direct or usual route. So long as he provides for a deviation he is answerable only for negligence or improper driving; but if he deviate materially, such deviation will amount to improper driving, although his coachmanship may be without reproach.

If a person hire a horse or carriage for a stated period, but return it before the expiration of the time, the owner must keep it on his premises till the time for hire has determined, if he wishes to recover the charge from the hirer. He cannot earn his money twice over; so, if he sells in the meantime, the hirer will not be liable for the price of the hiring.

The liability of a person sitting in a carriage to make good any damage occasioned to the property of others by the driver’s negligence, depends upon the relationship subsisting between the driver and the person driven. This relationship differs according to the ownership of the equipage, or its component parts. The owner of horses and a carriage, driven by a servant in his exclusive employ, has cast upon him the most extended liability for his servant’s negligence; while, on the other hand, the occupant of a hack fly is discharged from any thought of the horses or the driver. If horses and a carriage are jobbed in the manner already described, they are the hirer’s own, so far as the general public are concerned; and if driven by his own coachman, he will be as liable for the latter’s negligence as though he purchased them outright. Provided the hirer of horses use ordinary care in the selection of his coachman--not a job one--he will not be answerable to the owner of the horses for the casual negligence of the servant so engaged. If the driver be a servant of the jobmaster, he does not cease to be so by reason of the owner of the carriage preferring to be driven by that particular servant where there is a choice amongst more, any more than a hack postboy ceases to be the servant of an innkeeper, where a traveller has a particular preference for one over the rest, on account of his sobriety and carefulness. Even wearing the hirer’s livery does not affect the question.

No satisfactory line can be drawn, at which, as a matter of law, the general owner of a carriage, or rather the general employer of the driver, ceased to be responsible, and the temporary hirer became so. Each case of this class must depend upon its own circumstances; and the jury taking these circumstances into consideration, must decide whether, at the time of an accident, the driver is acting as the servant of the hirer, or as the servant of the owner. Generally it may be taken that when the hirer of horses also has the owner’s servant to drive, the servant still continues in the jobmaster’s employ, the ownership of the carriage being immaterial. The horses and man may be reckoned as one, as constituting the motive and guiding power.