CASE #1

Smith, the owner of an airline cargo company, was contracted by Nugent to transport a valuable horse from Vancouver to Winnipeg.In the course of the flight, the airplane encountered rough weather and the horse, being frightened and struggling violently, suffered injuries from which it died.It was shown that the accident could not have been prevented by any amount of foresight and reasonable care expected of Smith.What is the main issue?Should Nugent succeed in an action against Smith for damages to compensate him for the loss?