110 RESPONSIBILITY (IF BREAKERS AND TRAINERS. 



charge, from wliich he cannot shalce himself free by trans- 

 ferrincf it to his ijroom. He is answerable for the conduct 

 of every person about his stables. The defender has no right 

 to plead ignorance of the condition of the horse, he was 

 bound to know it.'Xa) 



81. Modification of Responsibility by Notice. — These 

 conditions may be varied to any extent by express stipula- 

 tion or even by notice. Thus, a gentleman sent his horse to 

 a park for pasture and it strayed. He brought an action 

 against the tenant of the park, who pleaded in defence that 

 he had put up a placard intimating that he would not be 

 liable for any horses put into the park " although they 

 should be stolen or break their neck." No other condition 

 was expressed in the contract and the defence was held 

 relevant. (6) In two other cases relative to the same placard 

 the same defence was sustained in the absence of proof that 

 the tenant was accessory to the loss by fraud or neglig- 

 ence, (c) 



82. Of the Responsibility of Breakers and Trainers 

 of Horses. — The liability of a trainer or horse-breaker as far 

 as custody is concerned, is the same as that of a stable 

 keeper,(c?) and he is liable for damage done to a horse 

 through his negligence in breaking, (e) The owner of 

 a mare sent her to a stable-keeper and horse-breaker 

 to be broken. Whilst a servant of the stabler was riding 

 the mare, it took fright and leaped among some benches 

 which had been placed in the area of the stable, and it was 

 so severely injured that it died, notwithstanding good treat- 

 ment. It was held that the stabler ought to have taken 

 better care that his stable should not be exposed to such 

 accidents. (/) 



(a) Harjart v. Inglis, 1832, 10 S. 506. 



(i) Whitehead v. Straiton, 1667, M. 10,07-]. 



(c) Birnie, 1680, M. 10,079; 3IaxmU v. Todridge, 1684, M. 10,070. 



{d) § 80. (c) Oliphant, 233. 



(/) Hay V. Wordsworth, 1801, M. Appx., Nauta, &c. 



