NEGLIGENT DRIVING. 297 



presumption of malice arises from tlie doing a dangerous 

 act intentionally, and " there is the heart regardless of 

 social duty " {e). 



If the driver might have seen the danger, but did not Where killint? 

 look before him, it will be Ilanslaiirjhter for want of due a person is held 

 circumspection {e) . And generally it may be laid down, skuo-hter!' 

 that, where one by his negligence has contributed to the 

 death of another, he is guilty of Manslaughter (/). 



Where a man was indicted for the Manslaughter of a Burthen of 

 woman by driving a Cab over her in a public street, and P^'*^*^^* 

 his defence was, that he had used due and proper care in 

 driving the Cab upon the occasion in question ; it was 

 held that the burthen of proving negligence did not lie on 

 the crown, but that, upon the fact of the kilKng being 

 proved, it was cast upon the prisoner to show that he had 

 used due and proper care in driving the Cab ( g). 



If a man drive a Carriage or Cart at an unusiiaUij rapid Fiu-ious 

 2mce {h), whereby a person is killed, though he calls ^'^^"'o- 

 repeatedly to such person to get out of the way ; if from 

 the rapidity of driving, or from any other cause, the person 

 cannot get out of the way in time enough, but is killed, 

 the driver is in law guilty of Manslaughter (?). 



If each of two persons be driving a Cart or Carriage, Carriages 

 at a dangerous and furious rate, along a highway, and racing, 

 they be racing and inciting each other so to drive, and 

 one of them runs over a man and kills him, both are 

 guilty of Manslaughter (/.•) ; and it is no ground of de- 

 fence, that the death was caused by the negligence of the 

 deceased himself, or that he was either deaf or drunk at 

 the time (/.-) . 



So, also, if the driver of a Carriage be racing with an- Driver un- 

 other Carriage, and from being unable to pull up his ^^^'^ ^"^ ^^^^^ 

 Horses in time, the first-mentioned Carriage is upset, and 

 a person thrown off it and killed, this is Manslaughter 

 in the driver of that Carriage. Thus, where two Omni- 

 buses, running in opposition to each other, were galloping 

 along a road, and a person killed by the upsetting of one 

 of them, for which the driver was tried: — Mr. Justice 



(e) 1 Hale, 476; Fost. 263; 1 (h) See the General Highway 



East's Pleas of the Crown, 263 ; Act, 5 & 6 WUl. 4, c. 50, s. 78 ; 



and see Hcff. v. Cook, Appendix. and for the Metropolis, 2 & 3 Vict. 



(/) licff. V. Swindall, 2 C. & K. c. 47, s. 54. 



230. [i) VevGiivTow,B., Jicxv.TFalkcr, 



iff) Berj. V. Cavendish, 8 Ir. E., 1 C. & P. 32. 



C. L. 178— C. C. R. (/.-) Ecy. v. Stvindall, 2 C. & K. 



230. 



