296 



NEGLIGENCE IN THE USE OF HORSES, ETC. 



No express Autlioritij of Master 



necessary 340 



Question for the Jury id. 



Master^ s Name vn the Cart .... id. 



Giving an Address id. 



Aetion for bodily Hurt id. 



Liability of 3Iaster and Servant 



respectively 341 



Negligence of Fellow-Servant .. id. 

 Master bound to use due Care in 



Selection of Servants id. 



Liability of Cab Proprietor to 



Driver id. 



Action by Eepresentatives of a 



Person hilled 3-12 



By Persons henejicially in- 

 terested id. 



Construction to be put upon the 



Condition in 9 ^ 10 Vict. c. 93 id. 



Flan of the Locality 313 



Conviction for fur ioics Friving a 

 Bar to subsequent Action .... id. 



Damages 344 



Eesjjonsibility for "all possible 

 Consequences" id. 



Famage too Remote id. 



Lnjury done to a Carriage .... 345 



Measure of Faniages where a 

 Horse has been injured id. 



Famages where a Person has been 

 killed id. 



How limited id. 



Cannot be given for Funeral Ex- 

 penses 34G 



Famages not given to a Class, 

 but to Lndividuals id. 



Definition of 

 nesrlicrence. 



Negligent 

 driving. 



Where killing 

 a person is 

 held to be 

 Murder, 



NEGLIGENT DRIVING. 



Negligence is defined to be the omitting to do something 

 which a reasonable man would do, or the doing something 

 which a reasonable man would not do ; in either case 

 causing mischief to a thu-d party; not intentionally., for 

 then there would be no negligence («). 



An abstract rule as to what will constitute negligent 

 driving can hardly be laid down. It must depend upon 

 all the circumstances of each case. Thus, it was held by 

 Bay ley, J. (i), that a carter sitting inside a cart, instead of 

 attending at the Horse's head, was guilty of negligenee ; 

 and the fact that while he was there sitting, the cart went 

 over a child, who was gathering up flowers on the road, and 

 killed it, made him guilty of manslaughter. And the 

 same point was ruled by HuUock, B. (c). But under 

 other circumstances a driver would be more negligent in 

 being off than on his vehicle. 



If a man rides recklessly a wild Horse into a crowd, and 

 kills a person, it will be Murder, in the same way as it has 

 been so held when bricks were thrown from the top of a 

 House into a thoroughfare, and killed a person {d). 



If a person driving a Carriage happens to kill another, 

 and he saw or had timely notice of the mischief likely to 

 ensue, and yet KilfuUy drove on, it will be Murder ; for the 



(rt) Per Alderson, B., Blyth v. 

 Birmingham Waterworks Co., 2 Jiu'., 

 N. S. 333. 



{b) Knighfs case, 1 Lewin, C. C. 

 168. 



(f;) Spring Assizes, 1829, quoted 

 1 Lewin, C. C. 168. 



(rf) See per Alderson, B., Peg. v. 

 Cook, Appendix; 1 Ld. Raym. 143. 



