CHAPTER VII. 



DEFENCES TO ACTIONS OF DAMAGES FOR INJURY TO 

 HORSES AND CAUSED BY THEM. 



Inevitable Accident, 160. Contributory Negligence, 161-163. Volenti non 

 fit injuria, 164. Mora, 165, Trespass, 166. [Remoteness, see Chap. 

 YIIL, § 170.] 



160. Inevitable Accident. — A defender is entitled to 

 absolvitor in an action by one personally injured by 

 him, or one for wlioni he is responsible, if he can show 

 that the inj\ny was not due to any culpa on his part ; 

 and, in all cases where there is an onus of proof on the 

 defender to show that the injury Avas not due to his fault 

 or negligence, inevitable accident is a good defence to 

 an action of damages. To establish a defence of inevi- 

 table accident a defender must, in the first place, dis- 

 prove allegations of negligence, and show that the 

 occurence was due to natural causes beyond his control, 

 or that the event was so unlikely to occur that it could 

 not reasonably have been anticipated, (a) The event need 

 not be unique, (6) nor is it necessary that it should never 

 have occurred before, (c) Thus, it will be sufficient for 

 one not otherwise in fault to show that a horse bolted 

 from being frightened by thunder or lightning, or some 

 unforeseen cause ; {d) or that it bolted from being whipped 



(a) Nitro-phospliatc, d-c, Co. v. L. ^ St. K. Docks Co., 1878, L.R. 9 Ch. D. 503 ; 

 Nichols V. Marshland, 1876, L.R. 2 E.\-. D. 1. 



(6) Piric V. Magistrates of Aberdeen, 1871, 9 M. 412. 



(c) j\' itro-phosphatc, d-c, Co., cit. 



(d) Plucku-ell V. Wilson, 1832, 5 C. and P. 375. 



197 



