ANIMALS ; ;Horse frightened of farm machinery rider killed when horse bolted valid claim against owner as keeper even though rider also keeper ;Flack v Hudson and another: CA (Otton and Keene LJJ and Maurice Kay J): 6 November 2000 ;The claimants wife was riding a horse, with the owners consent. The rider did not know of the horses propensity to be frightened of farm machinery. ;The horse bolted at the approach of a tractor and trailer. The claimants wife fell off on to the road, sustaining fatal injuries. The claimant brought an action under the Animals Act 1971 against the owner of the horse, on the basis that she was subject to strict liability as the keeper of the horse. The judge gave judgment for the claimant. The owner appealed. ;Susan Rodway (instructed by Prettys, Ipswich) for the first defendant. Christopher Gardner QC (instructed by Dawbarns, Kings Lynn) for the claimant. ;Held, dismissing the appeal, that there was nothing in the Animals Act 1971 to prevent a keeper of an animal within the meaning of s.6(3) from relying upon s.2 to sue another person who was also a keeper of that animal; that a horse which had shown a fear of agricultural machinery had displayed an abnormal characteristic within the meaning of s.2(2); that a keeper who was thrown whilst riding a horse with the owners consent was therefore not precluded from suing the owner, even though the owner was also a keeper of that horse; and that, accordingly, the claim was good. (WLR) ; ; ;
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