Court case(1875) LR 10 Ex 261

The defendant's pair of horses was being driven along a public highway by his groom. A dog ran out and barked at the horses, which became frightened and unmanageable and bolted. The groom, unable to stop them, tried to guide them round a corner, but in doing so they knocked down and injured the plaintiff, who was on the road. The plaintiff sued the defendant in trespass. It was found that the groom was a competent driver and had not been negligent.

The Court of Exchequer held the defendant not liable. The accident happened without any negligence on the part of the defendant or his servant; the horses had been made unmanageable by an external cause which they could not control. Bramwell B said that those who go on the highway take the risk of such inevitable accidents as arise from its ordinary use, such as horses taking fright; if there is no negligence, no action lies, whether framed in trespass or in case.