RIDING ANn DRIVINO HORSES. ll'J 



the loft Rido, ho must take caro and keep a hotter 

 look out than if ho wore on tho proper side of tho 

 road ; in other words, he must not be negligent. 

 It is by no means easy to define what is negligent 

 driving. Many cases of collision take place from 

 the driver not looking at his own horses wlion 

 passing another vehicle, but looking at the face 

 of tho driver of that vehicle. This clearly is 

 negligence. Again, if anyone observes a cabman 

 with an empty cab at a crossing, it will be found, 

 that in nine times out of ton, ho will bo looking 

 about for a fare, sometimes with his head turned 

 directly round from liis horse, especially if the 

 crossing is where four roads moot. This is negli- 

 gence; but in both cases it would be difficult to 

 prove, and difficult to impress a jury, that such 

 away-looking is wrong, and yet many accidents 

 occiu- from both these causes. 



Generally speaking, if an injiu-y results from if pure 

 circumstances over which a person has no control, ",0 oIiTL 

 that is, if it is a pure accident, the rider or driver ^'*^•^• 

 of a horse will not be answerable. Thus, wliore 

 the defendant's horse, becoming frightened by the 

 rattle of a butclier's cart, broke away, and in 

 running away plunged the shaft of the gig in 

 which it was being driven into the breast of the 

 plaintiff's horse, the defendant was held not 

 answerable (it). So, too,' where a horse, ridden by 



(m) Wakeman v. Robinson, 1 Biug. 213; 8 Moore, 63. 



