Raj Kishore Prasad, J.

1. The principal question, for determination in the appeal is, whether defendant 1, the owner of the motor-bus which, while being driven by defendant 2, caused injury to the horse of the plaintiff, as, a result or which it became permanently lame, is also liable in damages?

2. Briefly stated, the facts relevant to the appeal are these:

3. The plaintiff had a horse and the members of his family used to ride on it. On the 10th September, 1954, at about 1 P.M. in the broad day-light, the plaintiffs sisters son, Gulab Narain Jadav (P. W. 2), was proceeding on the horse towards Nathnagar. When he reached near a bridge, called Champanala, he got down from the horse, held its reins, waited towards the left side of the road for he syce to come and take charge of the horse. At that very time, the motor bus, driven by defendant 2, belonging to defendant 1, was coming from the opposite direction.

4. According to the plaintiff, on seeing the bus coming near him, P.W. 2, Gulab Narain Jadav, raised his hand giving a signal to the driver (defendant 2) to stop the bus, so that he could remove the horse from the road, but the driver did not Pay any heed to his signal,