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Scottish Court of Session Decisions >>
John Binny, Postmaster, v Monsieur Andrew Veaux, Dancingmaster. [1679] Mor 10079 (16 July 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor2410079-012.html Cite as:
[1679] Mor 10079
John Binny, Postmaster, v. Monsieur Andrew Veaux, Dancingmaster
Date: 16 July 1679 Case No. No 12.
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The Lords found, where a man hires a horse, if it die, or fall sick or crooked by the way, (though he can prove that he rode modo debito, and no farther than the place agreed upon,) yet the rider must further prove the casus fortuitus quem nulla præcessit illius culpa, nor negligence, and the defect or latent disease it had before he hired it; and if he succumb in proving this, he must pay the price of the horse, or the party's damage and interest. The Chancellor's vote cast this decision, viz. that the rider should prove the accident, and his own diligence, which is perquam durum. This is a difficult probation to burden the rider with, since horses may have latent diseases before the hiring.
