Claims Damages Cannot Be Had

FOR OVERDRIVING TEAM HIRED FOR SUNDAY RIDING

On the Assumption That Sunday Contract Illegal - The Famous Walker-Mellish Case Up Again

A writ of error has been issued by the Supreme Court in the suit of Walker vs. Hellish, the famous horse case which was tried here a year ago. There will be a very interesting question in the case for all livery keepers. Two students hired a team on Sunday to go pleasure riding. The team was overdriven and was taken sick. Walker recovered damages. The case is appealed on the theory that the contract for the hire of the team for pleasure riding having been made on Sunday was an illegal contract and damages could not be recovered for a breach of it. The suit was brought on the assumption that the students had in their contract agreed to give the team reasonable care and to drive them in a prudent and careful manner. If Walker loses the case the livery keepers will have still less protection for Sunday riding than they now believe themselves to have.