NEGLIGENCE OF SERVANTS. 429 



for an injury caused by the negligence of his coachman who, 

 instead of obeying his orders to take them to the stable, drove 

 them for his own purpose in a different direction.*^ But he is 

 not liable for the negligence of an innkeeper or hostler to 

 whom his driver without negligence had entrusted the 

 horses.®^ If the manager of sheep has the direct charge and 

 control of them as a bailee and employs the herders to assist 

 him and they are subject to his directions, he is responsible 

 for their acts, done within the scope of his employment, 

 though done without his knowledge or authority and con- 

 trary to his order.®® 



Where the owner of a carriage hired of a stable keeper a 

 pair of horses to draw it for a day and the owner of the 

 horses provided a driver through whose negligent driving an 

 injury was done to a third person, the owner of the carriage 

 was held not liable.'® And where the horses are injured 

 under such circumstances, the hirer is not liable; ''" unless he 

 has interfered with the driving, in which case the owner may 

 maintain trespass vi et armis against him.''^ 



The hirer of mules who substitutes a driver instead of the 

 owner's is guilty of conversion and liable for damages whether 

 negligent or not and whether he directed the substitution or 

 simply permitted it.''^ 



Where a company was in the business of furnishing boys 

 to drive teams for customers and, on request, sent one to the 

 plaintiff and through the boy's negligence the team ran away 



" Coupe Co. V. Maddick, [1891] 2 Q. B. 413. 



See an article in 17 L. Mag. & Rev. 97 by Thomas Seven, Esq., disap- 

 proving of this decision on the ground that the master should not be 

 held liable for the wilful act of his servant in such a case. 



"' Ruggles V. Fay, 31 Mich. 141. °° Bileu v. Paisley, 18 Oreg. 47. 



"' Laugher v. Pointer, S B. & C. 547- Arid see to the same effect 

 Sammell v. Wright, S Esp. 263; Smith v. Lawrence, 2 M. & R. i; Quar- 

 man v. Barnett, 6 M. & W. 499. 



See Hughes v. Boyer, infra, where the point was left undecided. 



™ Hughes V. Boyer, 9 Watts (Pa.) 556. 



" Dean v. Branthwaite, S Esp. 35. 



" Kellar v. Garth, 45 Mo. App. 332. 



