NEGLIGENT DRIVING. 299 



Therefore, if tlie driver of a. conveyance use all reason- And the driver 

 able care and diligence, and an accident happen through ^'^ ^°* liable. 

 some chance which he could not foresee or avoid, he is not 

 to be held liable for the results of such accident {q). 



Thus, in an old case, where A. was driving a waggon Trotting a 

 with four Horses in the highway at Whitechapel, and he Waggon 

 being in the waggon, and the Horses upon a trot, they ^^°^o ^ ^^''^*^- 

 threw clown a woman who was going the same way with a 

 burden upon her head, and killed her, Chief Justice Holt, 

 Justice Tracy, Baron Bury, and the Recorder Lovel, held 

 this to be only a Misadve)iture{r). 



But Lord Holt held in that case, if it had been in a Trotting a 

 street where people usually pass, it would have been Man- Waggon 

 slaughter ; but it was clearly agreed that it could not be ° 

 M(()'(Ier{r). 



It must be taken for granted from this note of the case, Eemarks in 

 that the accident happened in a highway ichere j^cople East's Pleas 

 did not nsually pass (s) ; for otherwise, the circumstance ° ^ rown. 

 of the driver's being in his Cart, and going so much faster 

 than is usual for carriages of that construction, savoured 

 much of negligence and impropriety ; for it was extremely 

 difficult, if not impossible, to stop the course of the Horses 

 suddenly in order to avoid any person who could not get 

 out of the way in time. And indeed such conduct in a 

 driver of so heavy a carriage might, under most circum- 

 stances, be thought to betoken a want of due care, if any, 

 though but few, persons might probably pass by the same 

 road. The greatest possible care is not to be expected, 

 nor is it required ; but whoever seeks to excuse himself, for 

 having unfortunately occasioned by any act of his own the 

 death of another, ought at least to show that he took that 

 care to avoid it which persons in similar situations are most 

 accustomed to do (/). 



The fact that Streets are unusually crowded from any "Wlicre Streets 

 public procession or other cause, instead of excusing a are unusually 

 driver when proceeding at his ordinary pace and with °^'°''^<i^*^^- 

 ordinary care, requires him to be particularly cautious, and 

 may tend to render him criminally answerable for any 

 accidents ensuing from driving at a rate, and with those 

 precautions which he might have ordinarily observed {u). 



(7) Itcff. v. Murray, 5 Cox, C. C. present day. 

 509 (Ir.). (0 1 East's Pleas of the Crown, 



(r) O. B. Sess. before Mich. T. 263. 

 1704, M. S. Tracy, 32. («) Rcrj. y. Murray, 5 Cox, C. C. 



(.v) Unlike Whitechapel of the 509 (Ir.). 



