NEGLIGENT DRIVING BY A SERVANT. 



327 



of knowing, that consequences not usually resulting from 

 the act are, by reason of some existing cause, likely to 

 intervene so as to occasion damage to a third person. 

 "Where there is no reason to expect it, and no knowledge 

 in the person doing the wrongful act that such a state of 

 things exists as to render the damage probable if injury 

 does result to a third person, it is generally considered that 

 the wrongful act is not the proximate cause of the injury, 

 so as to render the wrongdoer liable to an action " (s). 



A.'s carriage was driven against the wheel of B.'s chaise, 

 and the collision threw a person who was in the chaise upon 

 the dashing-board. The dashing-board fell on the back of 

 the horse, and caused him to kick, and thereby the chaise 

 was injured. It was held that B. was entitled to recover 

 in trespass against A. damages commensurate with the 

 whole of the injury sustained (t). 



Where a horse has been injured by negligent driving, 

 the jury must give as damages the expenses of curing the 

 horse and of his keep during that time, in addition to the 

 difference between the value of the horse before he was 

 injured, and his value after he had been cured. Thus in 

 an action for negligent driving, whereby the plaintiff's horse 

 was injured, it appeared that the horse was sent to a 

 farrier's for six weeks for the purpose of being cured. . At 

 the end of that time it was ascertained that the horse was 

 permanently damaged to the extent of 20/. And it was 

 held by Mr. Justice Coleridge, that the proper measure of 

 damages was the keep of the horse at the farrier's, the 

 amount of the farrier's bill, and the differenee between 

 the value of the horse at the time of the accident and at the 

 end of six weeks ; but that the plaintiff ought not to bt 

 allowed also for the hire of another horse during the six 

 weeks {u). 



In an action by the personal representatives of a deceased 

 person, to recover damages for his death under 9 & 10 

 Vict. c. 93, the jury, in assessing the damages, are confined 

 to injuries of which a pecuniary estimate can be made, and 

 cannot take into their consideration the mental suffering or 

 the loss of society occasioned to the survivors by his 

 death {x). 



Injury done 

 to a carriage. 



Measure of 

 damages 

 where a 

 horse has 

 been injured. 



Damages 

 where a per- 

 son has been 

 kUled. 



(s) See note [r], ante. 



[t) Oilhertson v. Richardson, 5 

 C. B. 502. 



(m) Hughes v. Quentin, 8 C. & P. 

 703. 



{x) Blake v. Midland Rail. Co., 

 21 L. J., Q. B. 233; Pi/m v. Great 

 Northern Rail. Co., 4 B. & S. 

 396. 



