Wilson v Brett
| Jurisdiction | England & Wales |
| Judgment Date | 27 January 1843 |
| Date | 27 January 1843 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 737
EXCH. OF PLEAS.
S. C. 12 L. J. Ex. 264. Discussed, Giblin v. M'Mullen, 1869, 5 Moore, P. C. 434; L. R. 2 P. C. 317. Approved, Grill v. General Iron Screw Collier Company, 1866. L. R. 1 C. P. 612.
[113] wilson v. brett. Exch. of Pleas. Jan. 27, 1843.-A person who rides a horse gratuitously, at the owner's request, for the purpose of shewing him for sale, is bound, in doing so, to use such skill as he actually possesses ; and if proved to be a person conversant with and skilled in horses, he is equally liable with a borrower for injury dona to the horse while ridden by him. [S. Q. 12 L. J. Ex. 264. Discussed, GMin v. M'Mullen, 1869, 5 Moore, P. C. 434; Lj E. 2 P. C. 317. Approved, Chill v. General Iron Screiv Collier Company, 1866, L. R. 1 C. PJ612.] Case. The ;declaration stated, that the plaintiff1, at the request of the defendant, caused to be delivered to the defendant a certain horse of the plaintiff of great value, (a) See Tyler v. Janes, 3 B. & C. 144, and Clarke v. Crofts, 4 Bing. 143; 12 Moore, 349. Ex. Div. vm.-24 '738 WILSON V. BRETT 11M.&W.1H. to wit, &o., to be by the defendant shewn to a, certain person to the plaintiff unknown, and to be re-delivered by the defendant to the plaintiff on request, and that thereupon it then became and was the duty of the defendant to take due and proper care of the said horse, and to use and ride the same in a careful, moderate, and reasonable manner, and in places fit and proper for that purpose: yet the defendant, not regarding his duty &c., did not nor would take due and proper care of the said horse, but on the : contrary used and rode the same in a careless, immoderate, and improper manner, and in unfit and improper places, &c., whereby the said horse was injured, &c. Plea, not guilty. At the trial before Rolfe, B., at the London Sittings in this term, it appeared that the plaintiff had intrusted the horse in question to the defendant, requesting him to ride it to Peckham, for the purpose of shewing it for sale to a Mr. Margefcson. The : defendant accordingly rode the horse to Peckham, and for the purpose of shewing it, took it into the East Surrey Race Ground, where Mr. Margetson was engaged with others playing the game of cricket: and there, in consequence of the slippery nature of the ground, the horse slipped and fell several times, and in falling broke one of his knees. It was proved that the defendant was a person conversant with and skilled...
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