A horse pulling one of the defendant’s vans was seen running loose without a driver. It left the roadway onto private land. The driver caught up and called for help. The plaintiff jumped into the field and was injured trying to restrain the horse. There was evidence that the horse had bolted twice before.
Held: Any negligence of the defendants did not contribute to the accident. The plaintiff’s actions amounted to a novus actus interveniens, and since he must have expected to run a risk of injury, they also allowed the defence of volentia no fit injuria.
Judges:
Scrutton LJ, Slesser LJ
Citations:
[1933] 2 KB 297, [1933] 102 LJKB 663, [1933] LT 436
Jurisdiction:
England and Wales
Cited by:
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Wooldridge v Sumner and Another CA 4-Jun-1962
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed.
Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player . .
Lists of cited by and citing cases may be incomplete.
Negligence, Animals
Updated: 24 April 2022; Ref: scu.188820