342 



NEGLIGENCE IN THE USE OF HOKSES, ETC 



Action by re- 

 presentatives 

 of a person 

 kiUed. 



By persons 

 beneficially 

 interested. 



Construction 

 to be put 

 upon the con- 

 dition in 9 & 

 10 Vict. 0. 93. 



no control over the driver after lie leaves the yard, for 

 •wliictL the driver pays a fixed sum a day. It is doubtful 

 whether the relation between the parties is that of bailor 

 and bailee, or of Master and Servant (h) . But the Pro- 

 prietor is liable to the driver if he do not take reasonable 

 precautions to provide a horse reasonably fit for the pur- 

 pose, and injmy is thereby caused to the driver (i). 



Formerly, if a person were killed, no action could be 

 maintained by his representatives. Now, however, Deo- 

 dands are abolished (J), and under Lord Campbell's Act (A-) 

 a party causing death is liable to an action in all cases 

 where the party injured might himself have maintained 

 one, if death had not ensued. And such action is to be 

 brought, within twelve calendar months of the death of 

 the injm-ed party, by his executor or administrator, and to 

 be "for the benefit of the Wife, Husband, Parent and 

 Child of the person whose death shall have been so caused," 

 and among whom the Damages are to be divided as the 

 Jury shall direct (/). A Child oi ventre sa mere is entitled 

 to sue under this Act on the death of its Father by negli- 

 gence (in). 



This Act is amended by and is to be read with the 27 

 & 28 Vict. c. 95, called "An Act for compensating the 

 Families of Persons killed by Accident," by the first 

 Section of which, where no action has been brought within 

 six months of the death by the executor or administrator 

 of the person killed, then the action may be brought by 

 the persons beneficially interested in the result of the 

 action. The action may be sustained by a relative of the 

 deceased, though brought within six calendar months from 

 the death, unless there be at the time an executor or admi- 

 nistrator of the deceased («). By the second Section, the 

 money paid into Court may be paid in one sum, without 

 regard to its division into Shares (o). 



The condition contained in Lord Campbell's Act (/r), that 

 the action is maintainable in all cases when the party in- 

 jured might himself have maintained one, if death had not 



(h) Foivlcr V. Zocl; L. E., 7 C. P. 

 272 ; 41 L. J., C. P. 99 ; 26 L. T., 

 N. S. 476. But see Vcnablcs v. 

 Smith, L. E,., 2 Q. B. D. 279 ; 46 

 L. J., Q. B. 470; 36 L. T., K S. 

 509 ; King v. Simrr, L. P., 8 Q. B. 

 D. 104 ; and ante, p. 335. 



(») ^S". C. on motion for second 

 new trial, 43 L. J., C. P. 394, n. ; 

 30 L. T., N. S. 800— Ex. Ch. 



(/) 9 & 10 Vict. c. 62. 



(k) 9 &10Vict. c. 93. 



[l) 9 & lOVict. c. 93, ss. 1, 2, 3. 



(w) The George and Richard, 

 L. P., 3 Adm. 466 ; 24 L. T., K 

 S. 717. 



(«) HoUeran v. Bagnell, L. P., 4 

 Ir. 740— C. P. D. 



(o) 27 & 28 Vict. 0.95. 



