2 In Platt v. Hibbard, 7 Cow. 501, the contrary doctrine was held, but it was overruled by Foote v. Storrs, 2 Barb. 329. See also Schmidt v. Blood, 9 Wend. 268; Harrington v. Snyder, 3 Barb. 380; Burnell v. New York Cent. R. Co., 45 N. Y. 184 (1871); Schwerin v. McKee, 5 Rob. (N. Y.) 404. But see Logan v. Mathews, 6 Barr, 417, in which it was held that where the bailee returned a horse in an injured condition, without explaining how the injury occurred, the burden of proof was on him to show that it was not occasioned by his negligence. See also Runyan v. Caldwell, 7 Humph. 134; Bush v. Miller, 13 Barb. 481.

3 See Newton v. Pope, 1 Cow. 109; Cross v. Brown, 41 N. H. 283; Browne v. Johnson, 29 Tex. 40; Runyan v. Caldwell, 7 Humph. 134; McCarthy v. Wolfe, 40 Mo. 520; Lamb v. Western Railroad, 7 Allen, 98. Logan v. Mathews, 6 Barr, 417, and Bush v. Miller, 13 Barb. 482, sometimes cited as contra, were decided expressly on the ground that the bailee, when inquired of as to the accident, refused to give any account or explanation of it, which was held to amount to a "denial of the bailment and a refusal to deliver it." In Brown v. Waterman, 10 Cush. 117, and Lichten-hein v. Boston & Providence Railroad Co., 11 Cush. 70, it will be found upon a careful examination that the exact point was not raised. Harvey v. Epes, 12 Gratt. 153, was also decided on its own peculiar facts, which do not impugn the rule above suggested. The civil codes cast the burden of proof on the bailee in such cases. Ford v. Simmons, 13 La. An. 397. See also 5 Am. Law Rev. 205 (1871).

§ 888. The hirer is also bound to restore the bailment in as good condition as that in which he received it, subject to the necessary wear or injury occasioned by its proper use; or by internal decay; or by accident, without his default.4 If he deliver it to another person, negligently or wrongfully, such a delivery is a conversion.5 But if, on account of injury, he pay the full value of the bailment to the owner, it becomes his own property. So, although the owner receive back the bailment, the hirer is, nevertheless, liable for all damages from his neglect.1

1 See Columbus v. Howard, 6 Ga. 219; Mullen v. Ensley, 8 Humph. 428; M'Lauchlin v. Lomas, 3 Strob. 85; Lucas v. Trumbull, 15 Gray, 306; Mills v. Ashe, 16 Tex. 295; Trotter v. McCall, 26 Miss. 413; Mooers v. Larry, 15 Gray, 451; Gorman v. Campbell, 14 Ga. 137; Hooks v. Smith, 18 Ala. 338. If a hirer of a horse voluntarily drive him beyond the place for which he was hired, it is a conversion for which trover will lie. Woodman v. Hubbard, 5 Fost. 67. So, if he wilfully drive him so immoderately within the places for which he was engaged as to cause his death. Wentworth v. McDuffie, 48 N. H. 402 (1869). And see Nelson v. Bondurant, 26 Ala. 341; Hall v. Goodson, 32 Ala. 277; James v. Carper, 4 Sneed, 397; Ma-guyer v. Hawthorn, 2 Harrington, 71.

2 Pothier, Contrat de Louage, n. 159-195; Story on Bailm. § 413; Lewin v. East India Co., Peake, 242; Jones on Bailm. 68, 88; Lockwood v. Bull, 1 Cow. 322; Rotch v. Hawes, 12 Pick. 136; Homer v. Thwing, 3 Pick. 492; Wheelock v. Wheelwright, 5 Mass. 104; Bac. Abr. Bailm. 6, Trover 6, D. E.; Isaack v. Clark, 2 Bulst. 306; 2 Saund. 47 b; Wilkinson v. King, 2 Camp. 335; Loeschman v. Machin, 2 Stark. 311; Youl v. Har-bottle, Peake, 49; Sargent v. Gile, 8 N. H. 325. See also Woodman v. Hubbard, 5 Fost. 67; Gregg v. Wyman, 4 Cush. 322.

3 Story on Bailm. § 413 a, 413 b, 413 c; Davis v. Garrett, 6 Bing. 716; 8 Kent, Comm. 210; Bell v. Reed, 4 Binn. 127; Story on Agency, § 218, 219.

4 Handford v. Palmer, 5 Moore, 76. See Esmay v. Fanning, 9 Barb. 176.

5 See Hall v. Boston & Worcester Railroad, 14 Allen, 443; Polley v. Lenox Iron Works, 2 Allen, 182; Coykendall v. Eaton, 55 Barb. 193; Esmay v. Fanning, 9 Barb. 189.

1 Syeds v. Hay, 4 T. R. 260; Pothier, Contrat de Louage, n. 197; Stephenson v. Hart, 4 Bing. 476; Stephens v. Elwall, 4 M. & S. 259; Youl v. Harbottle, Peake, 49; Devereux v. Barclay, 2 B. & Al. 702; Cooper v. Barton, 3 Camp. 5, n.; Millon v. Salisbury, 13 Johns. 211; Reynolds v. Shuler, 5 Cow. 323; Story on Bailm. § 414.,