BREAKERS' RESPONSIBILITY 173 



tion that while under the training of the latter the 

 animal meets with some accident, such as a slipped 

 stifle, sprained fetlock, split pastern, or some similar 

 injur}^ The question under circumstances of this 

 nature being before us for solution is w^hether the 

 aforesaid William Watkins has any legal claim for 

 damages upon Johnny Walker. 



I think that we shall not be far wrong in answering 

 this question in the negative. I mean that if the 

 breaker is admitted to have used ordinary and recog- 

 nised m.ethods in the breaking of the animal, no 

 responsibility can be attached to him in the case of 

 accidents. Moreover, such accidents are liable to 

 occur to horses quite apart from any connection 

 the}^ may be thought to have with the act of breaking. 



The author also holds the brakesman to be free of 

 all responsibility in the case of a horse falling and 

 blemishing some part of the limbs or body such as 

 the trainer could not have protected against injury. 

 Let us suppose, on the other hand, that a horsebreaker 

 takes out a young horse without knee caps on, and 

 that this animal receives a fright — through some 

 cause or causes unforeseen — stumbles, and breaks or 

 blemishes one or both knees. 



