252 



LIVERY-STABLE KEEPERS, AGISTERS, ETC. 



Horses 

 driven by the 

 Owner's 

 servants. 



Horses 

 driven by 

 the Owner's 

 servants to a 

 certain place. 



Travelling 

 post. 



Horses 

 driven about 

 Town by the 

 Owner's 

 servant. 



Laugher v. 

 Ifointer. 



If a man hire a Carriage and any number of Horses, 

 and the 0/nicr send with him his postillion or coachman, 

 the Hirer is discharged from all attention to the Horses, 

 and remains obliged only to take ordinary care of the 

 glasses and inside of the Carriage while he sits in it, and 

 he is not answerable for any damage done by the negli- 

 gence of the Oicner^s servants (c). 



Where Horses are hired to ch^aw a private carriage to 

 a certain place, and they are driven by the Oicner\s servants, 

 the Owner is liable for any damage done through the 

 servants' negligence. For where a person hired Horses to 

 take his own Carriage to Epsom, and he was driven by the 

 Oicner^s postboys. Lord Ellenborough held that a person 

 who hires Horses under such circumstances has not the 

 entire management and power over them, but that they con- 

 tinue under the control and j)ower of the servants who are 

 entrusted with the driving ; and that the Oivner of them 

 would be answerable for any accident occasioned liy the 

 postboys' misconduct on the road ; and his lordship 

 mentioned a case of the kind, in which damages were 

 recovered against the O/oier of a Chaise for an injury done 

 by it when Mr. Burton, a Welsh Judge, was in it, and who 

 was called as a witness (/). 



And where Horses were hired to draw a private Car- 

 riage to Windsor, the Oinier of the Horses was held liable 

 for damage done, because they were under the care and 

 direction of his servant {rj). 



And in the case of Sir Henry Hoghton (A), Horses 

 were hired by him to draw his Carriage, trarelUng post, and 

 he was held not to be answerable for damage which had 

 been done. 



But where Horses have been hired to be driven about by 

 the Oivner^ s servant wherever the Hirer pleases, and for 

 which he gives him some gratuity, there seems at one time 

 to have been a difference of opinion among the Judges as 

 to the party liable for injury done. 



In Laugher v. Pointer (/), where the able Judgments on 

 both sides, as is observed by Mr. Justice Story in his book 

 on Agency, " exhausted the whole learning of the subject," 



((') Jones on Bailments, 88 ; 

 Samuel v. Wright, 5 Esp. 2G3 ; 

 Smith V. Laivrencc, 2 M. & E,. 1. 



(/) Dea/i V. Branthu-aite, 6 Esp. 

 35 ; and quoted by Mr. Justice 

 Littledale in Laugher v. I'ointcr, 



5 B. & C. 558. 



(g) Samuel Y. JFright, BBsyi. 2G3. 



(h) Sir II. Hoghtotis case, cited 

 5 B. & C. 550. 



(i) Laugher v. Fointcr, 5 B. k C. 

 558. 



