HAGGART V. INGLIS. 
231 
throughout the day. In the afternoon he returned with Mr. In¬ 
glis, accompanied part of the way by Williamson, the Duke of 
Buccleuch’s huntsman. On the way home, they stopped first at 
Y f ogrie, and then at Dalkeith ; and it was attempted to be 
proved, that at both these places the horse shewed no symptoms 
of distress.—The Lord Justice Clerk summed up. He com¬ 
menced by stating, that as to the legal principle which must 
govern the case, there could be no doubt. A person intrusted 
with the property of another, for sale on commission, was bound 
to take every due care of that property. Any misconduct or neg¬ 
ligence on his part, would render him liable for the loss thereby 
sustained. It was clearly proved, that Inglis and his friend Tem- 
pleman (who had been residing in his house) started together 
on the Saturday morning for the hunt; that they were over¬ 
taken on the road by a gentleman of great experience, who told 
Inglis and Templeman they would kill the horse if they did not 
take care of him. After what Inglis saw of the state of the 
horse on the road out, it was his bounden duty to have pre¬ 
vented Templeman entering the hunting-field, and following the 
hounds. But it appeared from Templeman’s evidence, that Inglis 
never told him that the horse was to go out merely to be seen, 
for the purpose of being sold. Templeman went out to hunt— 
to enjoy the pleasures of the field—and he swore that he hunted 
just like the others (excepting that he sometimes took shortcuts), 
using his own discretion. Again, it was clearly proved, that the 
horse was not in hunting condition, which fact was well known 
to Inglis ; and this ought to have suggested the greater care on 
his part. On coming to Arniston Gate, he should have allowed 
the horse merely to be seen by the gentlemen present—he should 
not have permitted Templeman to enter the hunting-field when 
the fox broke cover. Then the evidence of Mr. Dick, veterinary 
surgeon, put it beyond all doubt that he horse had died from 
over-exertion during the day’s sport. Under these circumstances, 
his Lordship had no doubt what verdict the Jury would come to.— 
Verdict for the Plaintiff. 
Laws of Starting. 
S s 
Jones v. Breary. 
This was an action brought at the Derby Assizes, against the 
defendant, the clerk of the Derby race-course, in his character of 
stake-holder, for money had and received to plaintiff ’s use. The 
facts were these :—At the last Derby races, which took place 
in the month of August, Mr. (now Lord) Cavendish and Mr. 
Thornhill, acted as stewards. When “The Dunnington-park 
