35P THE ADVENTURES OF A GENTLEMAN 



Scur. It has not yet found its way into the Law 

 Reports, but a very accurate report of it is given in 

 the Times, of the 3d June, 1840 ; and again, of the 

 application for a new trial, in the same paper of the 

 9th June. The defendant had the horse on trial 

 with a view to purchase him : being distrustful of 

 his own powers, he put General Dyson's groom upon 

 it, the groom being proved to be an experienced and 

 good rider ; it was also proved that the animal was 

 hot, and during the trial, she bolted and was killed : 

 the plaintiff brought an action to recover her value, 

 on the ground that she had been entrusted to the 

 defendant only, and that he was not warranted in 

 substituting a third party to make the trial. Mr. 

 Justice Coleridge held that he was warranted, and 

 this opinion was sustained on the application for a 

 new trial: much, however, seemed to turn on the 

 acknowledged skill of the groom to whom the de- 

 fendant confided her ; and some little importance 

 seemed to attach to the circumstance that the mare 

 indicated a vicious and restive disposition. Brim- 

 low V. Morrist, 1 Mod. Rep. was quoted in the 

 argument. ^ 



The question has been much mooted, whether a 



