168 HORSE TOO LARGE FOR VAX. 



Again, where a man, while walking in a carriage way, 

 with pavement on each side, was knocked down by a van 

 coming up in broad daylight, the driver was held liable in 

 damages. Lord Young observed : — " My opinion is not 

 founded on the pace. The driver was going at such a pace 

 that he could Avithout difficulty have pulled up in time; if 

 not, that itself would have been fault. The appellant was 

 walkinsr alonsr the road Avhere he was entitled to be, and he 

 was knocked down and hurt. The driver was not entitled to 

 knock him down ; it was his duty to avoid him. He could 

 quite well have done so ; and that he could, but did not, 

 seems to have been because he thought the man must get 

 out of his way. There is prima facie fault leading to liabil- 

 ity if a driver of a carriage so knocks up against a passenger. 

 It is his duty to be able to pull up, and to do it, and not just 

 to run over one who, even from stupidity, does not get out 

 of the way. "(a) But where a driver of a van called out to 

 an old man, who halted, and then tried to cross in front of 

 the van, which, however, knocked him down and killed him, 

 it was held the man's death was not caused by the negligence 

 of the driver, but in consequence of what was merely a mis- 

 understanding. (6) 



133. Horse too Large for Van. — A person was driving 

 a sixteen-hands horse along the highway in a van which was 

 far too small for such a horse, and, in consequence, the 

 horse's hocks rubbed against the crossbar of the shafts of 

 the van. The plaintiff's omnibus was standing at the kerb, 

 on its proper side. The defendant's horse was startled by 

 a slight collision with a cab, and afterwards violently collided 

 with the plaintiff's omnibus, producing damage ; the judge's 

 opinion being that no accident would have happened if the 

 horse had not been too large for the van. It was held that 

 the harnessing of the horse to such a van Avas the negligence 



(a) Anderson v. Blackwood, 1S86, 13 K. 443-4^5. 



(b) Uocheriy v. Watson, 1884, 21 S.L.R. 449. 



