NEGLIGENT DRIVING IJY A SERVANT. 335 



for tlie loss of a Passenger's luggage tbrougli the negligence 

 of the driver (;:), or for personal injiuy to the passenger 

 or a stranger, where there is no wrongful user of the cab by 

 the driver. Thus, where a driver who had no specified 

 time for starting from or returning to the proprietor's 

 stables, made a short deviation for his own convenience at 

 the close of his day's work, and while returning to the 

 stables ; and after such deviation he was again returning 

 when he ran over and injured the plaintiff; it was held, 

 that the driver was not on an independent journey, and 

 must be considered to be in the proprietor's employ at the 

 time of the accident {a) . But the relationship of Master 

 and Servant does not necessarily exist between the proprie- 

 tor and the driver of a cab ; there is only a ■prima facie 

 presumption that such is their relation [h), which may be 

 rebutted by the circumstances of the case ; as in King v. 

 Spurr (b), where the defendant was proprietor of a cab 

 and had let it to the driver for a weekly payment, the 

 Horse, harness, and whip being provided by the driver ; 

 and it was held, that the defendant was not liable for in- 

 juries done to the plaintiff's cart and Pony owing to the 

 negligence of the driver. 



Where a Master and Servant are together in a vehicle. Master and 

 and an accident occurs from which an immediate injury ?':?^^.'^'^ 

 ensues, the Master is liable, although the Servant is driving, together. 

 and there is no evidence of any interference on the 

 Master's part ; and even where the evidence on the part of 

 the defendant strictly negatives an interference, the mere 

 presence of the Master with the Servant will constitute him 

 a trespasser if the act of the Servant amount to a trespass {c). 

 So where a Carriage and Horses are hired, and the post- 

 boys are servants of the owner, and an accident ensues in 

 consequence of their Negligence, the hirer, if he sit out- 

 side and have a view of their proceedings, and do not en- 

 deavour to stop their misconduct, is a co-trespasser with 

 them (d). 



A Master is liable in an action for damage resulting Servant en- 

 from the Negligence with which his Cart has been driven, *™s*^i^o t^^Q 



° ° ' rems to a 



Stranger. 



(r) Poivles V. Hidir, 25 L. J., 36L. T., N. S. 509 ; 25W. E,. 584. 

 Q. B. 331. See also Fowler V. Lock, {b) Seeper Bowen, J., in JiT/w^ v. 



L. R., 7 C. P. 272 ; 41 L. J., C. P., S^pun; L. R., 8 Q. B. D. 104, 108. 

 99 ; 26 L. T., N. S. 476 ; and 1 & 2 (c) Chamller v. Bmir/hton, 1 Cr. 



Will. 4, c. 22 ; 6 & 7 Vict. c. 86. & M. 29. 



{a) Vcnables v. Smith, L. P., 2 Q. (rf) M'LauqhVm v. Prtjor, 4 Scott, 



B. D. 279 ; 46 L. J., Q. B. 470; N. P. 655; 8. C, 4 M. & G. 48. 



