128 



HOKSK WAKKAMV 



< )waor of 

 0,'irt or 

 carriatjo 



ltf>UIl(l to 



Imvo fjood 

 ham ess. 



party is not to oast himself upon an (dtstniotion 

 wliicli lias boon niado by tlio fault of anotluT, and 

 avail himself of it, if he do not himself use common 

 and ordinary caution to l>o in the right" (»). If 

 the risk is obvious, the plaintill' ought not to incur 

 it, but should remove any obstruction or take 

 legal proceedings for its removal. Of course a 

 heap of any rubbish which might bo seen by day 

 woidd not bo seen by night, and the same reason- 

 ing would not apply. 



The owner of a cart or carriage is bound to 

 have strong and proper harness on the horse or 

 horses used to draw the vehicle, and he is answer- 

 able for any accident that may occur through the 

 harness breaking, — as where the chain trace of a 

 cart broke, and the horse getting frightened ran 

 away and did an injury {(>) ; and where, in conse- 

 quence of reins breaking, a foot passenger was 

 run over and injured, as Patteson, J., said in 

 Cot fori I V. Sfdrhrt/ ( p), " If a person (b'iving along 

 the road cannot pull up because his reins break, 

 that will be no ground of defence, as ho is botmd 

 to have proper tackle." So, again, where the de- 

 fendant was driving down hill, and the horse he 

 WJLS driving, although usually (juiet, commenced 

 kicking and ran away, and at last the shafts broke, 

 and the cart coming into collision with the plain- 



(m) Jhifln/irlii v. Fonmfrr, 1 1 Kant, 60. 

 (o) n'rhh V. Lnurfnce, 2 Chitty, 'U\'l. 

 (p) 8C. kV. 693. 



