SOLLAMUTTU v. FRASER.

C. R., Colombo, 17,816.

Trespass-Careless and negligent driving-Damage to third party-inevitable accident.

The driver, of the defendant's horse, which had been alarmed by the rattle of the shatters of a shop, could not rein in the animal, but was able to some extent to guide it while rushing down the road. If he allowed the horse to continue in the line it took, death would have ensued. The only alternative was to turn to the left and take the chance of passing between a tree and some carriages, among which was the plaintiff's carriage. The driver guided the horse in that direction, but it came violently into collision with the plaintiff's horse and carriage, killing the plaintiff's horse and injuring his carriage.

Held, in an action brought to recover damages, that plaintiff was entitled to succeed.

Moncreiff, A.C.J.-All trespass is primâ facie actionable. There is no action where the plaintiff himself has caused the injury, or where the acts complained of are due to inevitable accident, by which is meant an act which is neither intentional nor negligent.

THE facts of this case, as well as the authorities cited by cou