1G4 GROUNDS OF RESPONSIBILITY. 



appeal to the Superior Courts, (a) To ground an action for 

 reparation for injuries caused by riding or driving, there are 

 two requisites : — Firstly, the injury received must have been 

 caused by the fault or negligence of the injurer, or some one 

 for whom he is responsible ; and, secondly, the injury must 

 not have been materially contributed to by the fault or negli- 

 gence of the injured party. (6) The negligence in horse cases 

 for which the law gives redress usually consists in furious 

 driving, or in losing command of the horse, or in failure to 

 observe the rule of the road ; or, in the case of owners of 

 public vehicles, in failing to provide safe horses, vehicles, and 

 drivers. Although a carrier of persons does not insure his 

 passengers as he does his goods, he is bound to take the very 

 greatest care of them, and his civil responsibility is cor- 

 respondingly strict. (c) Where there is a contract for the 

 carriage of persons, and an accident is proved or admitted to 

 have happened, there arises a presumption against the person 

 in charge of the horse, and the onus of proving that he was 

 not responsible for it lies upon him ;(f?) but where no such 

 contract exists between the parties, there is no such pre- 

 sumption, and the injured party must not only state precisely 

 the fault of the injurer, but prove it, and prove that it was 

 the cause of the accident. The injured party cannot recover 

 if he has materially contributed to bring about the accident, 

 nor if by ordinary care he could have avoided it, nor if the 

 injury is shown to have been due to inevitable accident. (e) 

 Redress is given not only against the one who causes the 

 injury, but also against those who are responsible for him. 

 Further, one is not permitted to hunt over lands possessed 

 by another ;(/) or to let his horse stray into adjoining iields, 



(a) Mackay's Pr. ii. 13. 



{h) Haiukins v. Cooper, 1838, 8 C. and P. 473 ; L.P. Inglis in M'Nawjhton v. 

 C'al. Ry. Co., 1858, 21 D. 160, 163, et seq. 



(c) § 147 ; B. Pr. 170. 



(d) Lyon V. Lamb, 1838, 16 S. 1188. 



(e) See §§ 160, 161. 



(/) Unless he be hia landlord. lionahhoii v. Ballanlync, 1804, M. ir>,270. 



