124 HOK'^F. WAKHANTY. 



quonoo of his iniscomluct in leaving tlio cnrt 

 unattentloJ, and tlio Loy, from his ngo nnd tho 

 circumstances, couhl not l)o considered legally 

 responsihlo, so as to he pro(lud<'<l from recover- 

 ing compensation from tho defendant. "If," said 

 Ljinch V. Lord Denman, " I am guilty of negligence in 

 leaving anything dangerous in a place where I 

 know it to be extromely probable that some other 

 person will im justifiably set it in motion to the 

 injury of a tliird party, and if that injury should 

 be so brouglit about, tho sutferer may have redress 

 by action against both or eitlier of tlie two, but 

 unquestionably against the first. If, for example, 

 a gamekeeper returning from liis daily exercise 

 should rear his loaded gun against a wall in the 

 playground of schoolboys, and one of these should 

 playfully point a gun at a selioolfellow and fire it 

 off and maim him, tlie gamekeeper must answer 

 in damages to tho wounded party" {g). So, too, 

 if a horse and cart are left standing in tlie street 

 without any jierson to wateli tlu^m, and a jierson 

 strikes tlie lioi-se and causes it to back against a 

 sliop window, tho owner of the cart is liable for 

 the damage, for he should have se(>n the risk of 

 all the consequences tliat result from leaving the 

 Imrse unattended. In such case, lidtli the owner 

 who left the carl, and the ])ersoii win* struck the 

 horse, are liable for the injury (//). 



(^) Lynch ▼. Nurdin, 1 Q. B. 36. 



(/i) ///i/A/f V. Goodtrin, 5 C. & P. 190. 



