master's liability. 183 



thougli it is relevant to diminisli damages. (a) Convictions 

 for reckless driving were held admissible evidence to meet 

 a defender's plea of having suppHed a competent driver, 

 where the pursuer's witnesses had been cross-examined as to 

 ihe driver's general character. (6) Again, where an omnibus, 

 en the top of which the plaintiff was, was struck by the 

 defendant's omnibus, with the result that the omnibus the 

 paintitf sat on ran against an obstacle, and the plaintiff was 

 inured, it was held the defendant was liable. (c) A public 

 coLch-driver is bound to limit his passengers to the number 

 his vehicle will accommodate with safety, even though he 

 ma; be allowed to carry more by statute, ((Z) and also to 

 avorl any approaching danger to the passengers, such as low 

 archivays,(e) branches of trees, and the like ; and if by 

 reasai of failing to do so, a passenger is placed in such a 

 dileuma as to choose between jumping off and being thrown 

 off a '.oacli, the wrong-doer is responsible for Avhat happens 

 whicbver alternative the passenger adopts. (/) 



4. liABiLiTY OF Master to Third Parties for the 

 Fault of his Servant. 



150. Master's Liability. — A master is bound in the 

 interest of members of the public to employ careful and 

 competeit servants, and is in general answerable to third 

 parties h he knowingly employs a drunken or inexperienced 

 coachmai to drive his carriage ; (g) and also if he authorise 

 his servait to drive with dangerous rapidity in a public 

 place. (A) The law enables a master to protect himself in 



(a) Alan v. M'Lekh, 1819, 2 Mur. 158. 



(6) ^:Arthur v. Croall, 18.52, 24 Sc. Jur. 170. 



(c) lifjby V. Hewitt, 1850, 5 Ex. 242. 



(d) Irael v. Clark, 1803, 4 Esp. 259. 



(e) Udley V. Smith, 1808, 1 Camp. 1(37 ; 



WFee V. Police Commissioners of Broughty Ferry, 1890, 17 R. 764. 

 {/) jjnes V. Boyce, 1816, 1 Stark. 493. 

 {g) Tanstall v. Poole y, 1841, 6 CI. and F. 910, n. 

 (A) jraser, M. and S 261. 



