HIRING HORSES. 239 



the carriage had always been driven by the same driver, Quarman v. 

 he being the only regular coachman in the employ of the ■^'"■"''"■ 

 owner of the horses, who paid him regular weekly wages. 

 The owners of the carriage paid him 2s. a drive, and 

 provided him with livery, which he left at their house at 

 the end of each drive. Mr. Baron Parke said, " It appears 

 to us that there are no special circumstances which dis- 

 tinguish the present case, and that we must decide the 

 difference between the judges in Laugher v. Pointer {I). 

 There is no satisfactory evidence of any selection by which 

 this man was made the defendant's servant ; the question 

 is therefore the same as in that case. If the driver be the 

 servant of a. jobmaster, we do not think he ceases to be so 

 by reason of the owner of the carriage preferring to be 

 driven by that particular servant, where there is a choice 

 amongst more, any more than a hack postboy ceases to bo 

 the servant of an innkeeper, where a traveller has a par- 

 ticular preference to one over the rest, on account of his 

 sobriety and carefulness. If, indeed, the defendants had 

 insisted upon the horses being driven not by one of the regular 

 servants, but by a stranger to the jobmaster, appointed by 

 themselves, it would have made all the difference." 



" The fact of the coachman wearing the defendant's "Wearing the 

 livery with their consent, and so being the means of in- Mrer's livery. 

 ducing third persons to believe that he was their servant, 

 was mentioned in the course of argument as a ground of 

 liabiUty, but cannot affect our decision. If the defendants 

 had told the plaintiff that he might sell goods to their 

 livery servant, and had induced him to contract with the 

 coachman, on the footing of his really being such servant, 

 they would have been liable on such contract ; but this 

 representation can only conclude the defendants with 

 respect to those who have altered their condition on the 

 faith of its being true. In the present case it is matter of 

 evidence only of the man being their servant, which the 

 fact at once answers. We have fully considered the judg- 

 ments on both sides in Laugher v. Pointer (m), and think 

 that the weight of authority and legal principle is in favour 

 of the view taken by Lord Tenterden (n) and Mr. Justice 

 Littledale." 



A person jobbing a carriage by the year under a written A job-^ 

 agreement, by which the owner binds himself "to keep ^'^^^ement. 



(l) Laugher v. Pointer, 5 B. & C. (m) Ibid. 



647. («) Then Chief Justice Abbott. 



