AGAINST WHOM DAMAGES ARE EECOVERABLE, 209 



has been held to be a " servant m husbandly," and so withm 

 the Act. (a) 



168. Against whom Damages are Recoverable. — Though 

 a wrong-doer is Hable m damages if he injure any one, no 

 one, with the exception of a master who is hable in certain 

 cases for the negligence of his servant,(6) is responsible for 

 the fault of a third party. On the death of the wrong-doer 

 a claim of damages may be made effectual against his repre- 

 sentatives, such a claim being of the nature of a civil debt.(c) 

 Administrative bodies, such as royal burghs, (c?) statutory 

 trustees, (e) . police commissioners, (/) navigation trustees,((7) 

 corporations,(^) and other local authorities, are answerable 

 for the neghgence of their servants, just as if the}' were 

 those of a private individual ; and claims against them are 

 to be met, not by the members of the board individually, 

 but out of the funds which the board administers. Pubhc 

 and private companies, also, are responsible for their own 

 negligence or that of their servants. Thus, the two pro- 

 prietors of a stage-coach were held liable, along with the 

 driver, for his negligence in driving the coach, (i) And 

 where a horse was killed by falling during the night into 

 an old ironstone pit, which lay within a yard of the public 

 highway, and was insufficiently fenced, it was held that an 

 action lay against the judicial factor on the estate in which 

 the pit was situated, without calling the tenant, who, for 

 all the judicial factor knew, might have been working the 

 minerals when the accident happened. (J) 



(a) Ex parte Hxirjhes, 1854, 2-3 L.J., M.C. 1.38. 



(b) See §§ 150-155. 



(c) Wight V. Burns, 1883, 11 E. 217. 



\d) Harris v. Mags, of Leith, 1881, 8 R. 613. 



(c) Mersey Docks and Harbour Board v. Gibbs, 1864, L.R. 1 H.L. 93. 



(/) Virtue V. Alloa Police Corns., 1873, 1 R. 235. 



(g) Buchanan v. Clyde Lighthouses Trs., 1884, 11 R. 531. 



(h) Scott V. Mayor of Manchester, 1856, 1 H. and N. 59. 



(i) Moreton v. Hardern, 1825, 4 B. and C. 223. 



0') Mack V. Allan, 1832, 10 S. 349. 



P 



