298 NEGLIGENCE IN THE USE OF HOP.SES, ETC. 



Patteson in summing up said to tlie Jury, " The question 

 here is, whether you are satisfied that the prisoner was 

 driving in such a negligent manner that, by reason of his 

 gross negligence, he had lost command of his Horses ? 

 And that depends on whether the Horses were unruly, or 

 whether you believe tliat he had been racing with the 

 other Omnibus, and had so urged his Horses that he could 

 not stop them ; because, however he might be endeavour- 

 ing to stop them afterwards, if he had lost the command 

 of them by his own act, he would be answerable, for a 

 man is not to say, I will race along a road, and, when I 

 have got past another Carriage, I will pull up. If the 

 prisoner did really race, and only when he got past the 

 other Omnibus endeavour to pull up, he must be found 

 guilty; but if you believe that he was run away with, 

 witliout any act of his own, then he is not guilty. The 

 main questions are, were the two Omnibuses racing ; and 

 was the prisoner driving as fast as he could in order to 

 get past the other Omnibus, and had he urged his Horses 

 to so rapid a pace that he could not control them ? If you 

 are of that opinion, you ought to convict him ; but if his 

 Horses ran away of their own accord, without any act of 

 his, he is entitled to an acquittal" (/). 

 Causing death If a man undertakes to drive another in a vehicle, he is 

 of Passenger. Ijq^^,^ ^q exercise proper care in regard to the safety of the 

 man under his charge, and if by culpable negligent driving 

 he causes the death of the other, he will be guilty of man- 

 slaughter. But he cannot be found guilty of manslaughter 

 if the deceased himself interfered in the management of the 

 Horse and thereby assisted in bringing about an acci- 

 dent {m) . 

 Defence of Contributory negligence is not an answer to a criminal 



Nr-Sencef charge, as to a civil action (»). And even if the doctrine 

 ° ° ■ ' of contributory negligence does apply to criminal cases, yet 

 there is no contributory negligence on the part of anyone 

 in merely getting into a vehicle and allowing himself to 

 be driven, although the diiver be perceptibly drunk (o) . 

 Where killing "VVhen a person has been killed in such a manner that 

 heM^to'ibr ^^0 u-ant of care could be imputed to the driver, it will be 

 Accidental Accidental Death, and he will be excused (;j). 



Death, 



m Sex T. Timmiiis, 1 C. & P. 500. (o) Beg. v. Jones, 22 L. T., N. S. 



[m) Reg. v. Jones, 21 L. T., N. S. 217 ; H Cox, C. C. 544— Lush, J. 



217; 11 Cox, C.C. 544— Lush, J. {p} 1 Hale, 476; Post. 2G3 ; 1 



{n) Beg. v. Kcic, 12 Cox, C. C. East's Pleas of the Crown, 263. 

 356 — Byles, J. 



