370 impounding; injuries on highways, etc. 



In an action to recover an unpaid trotting premium 

 claimed to have been won by the plaintiff's horse in a horse- 

 race conducted by the defendant, it was held that the judges 

 constituted the tribunal to which the parties submitted when 

 they entered their horses for the race and by their decision, 

 if honestly given, the parties were bound, but that the plain- 

 tiff was not debarred from recovering when the judges, 

 through the fraud of one of their number, were led to award 

 the premium to another horse.*^^ A reasonable discretion 

 fnust be allowed the judges to determine when races shall 

 terminate for a given day, and it will be presumed that they 

 acted fairly and within the exercise of a sound discretion 

 when they declared a race postponed till the following 

 day.^^^ 



A racing association may exclude from its races any person 

 who has been ruled off the turf by the Jockey Club.^^* Such 

 an association, where it is not given the power of eminent 

 domain nor aid from the State, is a private and not a quasi- 

 public corporation and may refuse to allow certain persons 

 to enter horses for its races. ^^^ 



Engaging in a horse-race, where horse-racing is unlawful 

 and where injury or death results to the insured during the 

 race or while endeavoring to stop one of the horses during 

 the progress of the race, is an act falling within the terms of 

 a policy whereby the insurance is forfeited when death is 

 caused by "duelling, fighting or other breach of the law on 

 the part of the insured." ^^^ 



'"'Wellington v. Monroe Trotting Park Co., 90 Me. 493. 



And see Corrigan v. Coney Island Jockey Club, 61 N. Y. Super. Ct. 393. 



"-' Molk V. Daviess County Agricul., etc., Assn., 12 Ind. App. 542. 



™ Grannan v. Westchester Racing Assn., 153 N. Y. 449. 



The officers may expel persons distributing score cards of the races 

 without right: Bower v. Robinson, 53 111. App. 370. 



'^' Corrigan v. Coney Island Jockey Club, 22 N. Y. Suppt. 394. Allow- 

 ing the corporation to register bets and sell pools is not a grant of State 

 aid rendering it quasi-public, but is merely the removal of the statutory 

 prohibition against a common-law right: Ibid. 



"" Insurance Co. v. Scaver, 19 Wall. (U. S.) 531. 



