302 NEGLIGEXCE IN THE USE OF HORSES, ETC. 



person so placing it is liable. Thus, in tlie following' case, 

 the plaintiff, a carman, was proceeding with his master's 

 cart, heavily laden, along Angel Lane, Stratford, when 

 the Horse took fright at a Fire-basket, on which some 

 asphalte wag boiling, started to one side, and, notwith- 

 standing the plaintiff's catching hold of the bridle, threw 

 him down, so that the wheel passed over his leg and pro- 

 duced a compound fracture of the bone. He was taken 

 to the London Hospital, where the bone was set, but 

 hospital gangrene supervened, and he was for some days 

 in danger of losing his leg. He, however, gradually 

 recovered, was discharged after twelve weeks, and con- 

 tinued as an outpatient for a long time. Eventuoily he 

 w^as able to walk about with the help of a stick, and earn 

 lO.s. a- week, but at the time of the accident he was in the 

 receipt of 1/. a- week, on which he supported himself and 

 two young daughters. The defendant had contracted to 

 lay the floor of a room in the Angel Inn with asphalte, 

 which he caused to be boiled in the lane, as the smell was 

 too powerful for the house. He had been warned of the 

 danger of having the Fire-basket in' the street, and had 

 removed it to a different part of the lane, but did not 

 ]Aaee it in the yard of the Inn, where it had been suggested 

 it would be more out of the way. The Jury returned a 

 verdict for the plaintiff — damages 60/. (/). 

 ByVanlefton A house-van attached to a steam-plough was left for 

 Roadside. ^|-^q night on the grassy side of a highway by the de- 

 fendant. The van and plough were four or five feet from 

 the metalled part of the way. During the evening the 

 plaintiffs' testator drove his Mare in a Cart along the 

 metalled road. The Mare was a kicker, but he was un- 

 aware of her vice. Passing the van she shied at it, kicked, 

 and galloped, kicking for 140 yards, then got her leg over 

 the shaft, fell, and kicked her driver as he rolled out of the 

 Cart. He afterwards died from the kick so received. In 

 an action under Lord Campbell's Act (9 & 10 Yict. c. 93, 

 s. 1), by his executors for wrongful and negligent 

 obstruction of the highway, the Jury found that the van 

 was left where it stood unreasonably, and negligently, and 

 caused some appreciable danger to vehicles passing along the 

 metalled parts of the road ; that the death was occasioned 

 by the van standing where it did, and by the inherent 



(i) Lamhcrt v. Harrison, cor. Talfoiml, J., Guildhall (C. P.), Feb. 25, 

 18:)3. 



