NEGLIGENT DRIVING. 305 



So, too, where an Engine-driver blew off steam at a By Engine- 

 spot where a Railway crossed a Highway on a level, so as P^'i^er blow- 

 to frighten Horses waiting to cross the line, such crossing I't^^Crossin^ 

 being a place where there was considerable traffic, it was 

 held to be actionable negligence on the part of the Com- 

 pany (/). 



Where damage has been caused by collision, there may Rules as to 

 be Negligence on one side onlij [m) \ ov Negligence on both civil liability. 

 sides (u). Both 2^n>'ti&s majj be to blame (o) ; or it may 

 be Altogether an accident {p). The following Rules, which 

 appear fully borne out by the cases hereafter quoted, will 

 fix the liabilities of the parties concerned, under whatever 

 circumstances the damage may be inflicted. 



1st. If a party who is taking reasonable and proper care 

 receives damage in consequence of a Horse or Carriage he 

 encounters being negligently managed, the person who 

 has the control over such Horse or Carriage is answerable. 



2nd. Where damage is not the neeessanj consequence of 

 a particular wrongful act, the person sustaining damage, 

 though a wrongdoer, may recover against the person 

 causing it, if it be shown that with ordinary care on the 

 part of the latter, the injury might have been avoided. 



3rd. But where one party by his improper conduct makes 

 it impossible for the other party, who is also acting im- 

 properly, to avoid doing him damage, the person inflicting 

 the injury is not liable, because the negligence of both 

 parties concurs in producing it. 



4th. Where damage is the consequence of pure accident, 

 neither party is answerable. 



In the following case the Jury found for the plaintiff, Negligence on 

 being of opinion that there was negligence on the side of ^"'^ " ^ "" ^' 

 the defendant only. It appeared that between seven and 

 eight o'clock on the evening of the 30th of November, 

 the plaintiff, who was a female servant, was intending 

 to cross High Street, Aldgate, and was stepping off the 

 curbstone for that purpose, when a Cabriolet, which came 

 up at a pace of nine or ten miles an hour, struck against 

 her and knocked her down, by which she was injured. 

 In summing up, Mr. Justice Coleridge said, " If the 



{]) Manchester ami AUrlncham («) Negligence on both sides, 



Mailuaij Co. v. Fullarton, 1-1 C. B., post, p. 307. 



N. S. 54. (o) Both parties to blame, post, 



{m) Negligence on one side only, p. 320. 



infra. (p) Altogether an accident, post, 



p. 322. 



O. X 



