FURIOUS RIDING AND DRIVING. 165 



but must keep it secure in its tield or stable. It is trespass 

 to allow sucli straying ; (a) and the statute of ]GSG, c. 11, 

 enacts that " all heritors, liferenters, tenants, cottars, and 

 other possessors of lands and houses shall cause herd their 

 horses . . . the whole year," under a penalty of half a merk 

 for each beast " they shall have upon their neighbour's 

 ground, by and attour the damage done to the grass or 

 planting ; " and the possessor of the ground has power to 

 detain the animal for the penalty and expense of keep. 

 This Act is still in observance ;(6) but the usual remedy 

 where no damage has been done is interdict, Avhich, however, 

 will only be granted when there is reasonable apprehension 

 that the offence will be repeated. (c) If injury is done by a 

 straying animal, the owner of it is liable in damages, but the 

 mere fact of ownership does not of itself render him liable, 

 although it raises a presumption that the injury was due to 

 his fault in not keeping it secure. ((?) 



Again, stables must be used reasonably, so as not to annoy 

 neighbours. Thus, where the ground floor of a dwelling- 

 house, in a street in London, had been converted into a 

 stable, by a previous occupier, and the new occupier 

 increased the number of horses kept, so that the noise 

 thereby occasioned had an injurious effect on the value of 

 adjoining property, it was held that a nuisance was 

 created, (e) 



131. Furious Riding and Driving. — Riders (/) and drivers 

 of vehicles are bound to go at a moderate pace. The speed 

 at which they may go depends upon a variety of circum- 

 stances — the time of day or night, the state of the traffic, 

 and the like ; and negligence in the management of horses is 



(a) Rankine's Land-Ownership, 128, 534, et scq. 



(b) M' Arthur v. Miller, 1873, 1 R. 248. 



(c) Nay's Trs. v. Younrj, 1877, 4 R. 398. 



(d) Lord Neaves in Campbell v. Kennedy, 1864, 3 M. 121-125. 



(e) Ball V. Ray, 1873, L.R. 8 Ch. App. 467 ; Brodcr v. Sailliard, 1876, L.R. 

 2 Ch. D. 692. 



(/) Brown v. Fulton, 1881, 9 R. 36. 



