NEGLIGENT DRIVING. 301 



that tlie defendant upset the cart, by reason of which 

 a can of gas-tar, which was in the cart, was spilt over 

 her clothes, and her ankle was injured. Mr. Justice 

 Byles told the Juiy that the defendant was not bound to 

 bring the same skill and care as a driver of a public vehicle, 

 to the driving of his cart, in which he allowed the plaintiff 

 to accompany him, but he was bound to drive with reason- 

 able care and skill, and that the question for them was 

 whether the accident arose from the defendant's culpable 

 negligence or not. 



An action lies for neglect in taking care of vicious Action lies for 

 Horses, Cattle, Dogs, &c. As if a man ride an unruly iieghgence m 

 Horse in Lincoln's Inn Fields (or other public place -vricious 

 of resort) to tame him, and he break loose and strike a Horses, S:c. 

 person {d). 



But where damage is done in consequence of a person Where ano- 

 striking a Horse on which another rides, the striker is the strike^^r""^ 

 trespasser and the rider is not (c). Horse. 



A man and his wife brought an action of Trespass for Damages 

 a battery, and declared that the defendant struck the recovered in 

 Horse whereon the wife rode, so that the Horse ran away ^''^^i^"^^- 

 with her, whereby she was thrown down, and another 

 Horse ran over her, whereby she lost the use of two of her 

 fingers. The Jury found for the plaintiffs and gave them 

 48/. damages (/). 



If a man diive fmuously round a corner and injure a Driving f un- 

 person on the further side, he is liable to an action for his ^^^^7 round 



T / \ a corner. 



negligence ( g) . 



One of the Mail Carts, entering the Greneral Post Office Mail cart 

 Yard at the rate of five or six miles an hour, knocked rapidly enter- 

 down and seriously injured the plaintiff, a widow. On an y"^^*^^*^^"® 

 action being brought the defence was, that the accident 

 was occasioned by the plaintiff's own awkwardness, in not 

 attending to the driver's warning. Lord Campbell told 

 the Jury, that the real question was whether that was a 

 proper pace to drive into the yard. And they gave a 

 verdict for the plaintiff, with 50/. damages (A). 



If damage is caused by a Horse taking fright at some- Frightening 

 thing which is improperly placed in the public street, the j^-^^^^ w^ 



(d) See Com. Dig. Action upon {</) See Slaijor of Colchester v. 



the Case for Negligence, A. 5; and Brooke, 7 Q. B. 359. 

 Ferocious and Vicious Animals, (/() Smithv. M''Namara,cov.'Liovdi 



post, Part 2, Chap. 2; see also Cami^bell, C. J., Queen's Bench, 



jUichaelv. Alcstrce, 2 Lev. 173. N. P., May 12, 1853; and see 



(r) Gibson V. Fcpjxr, 2 Salk. G37. Boivdcn v. Sherman, Appendix. 



(/) BodwcU V. Burford, 1 Mod. 21. 



