328 



NEGLIGENCE IN THE USE OF HORSES, ETC. 



Evidence 

 identical with 

 that requii'ed 

 for man- 

 slaughter. 



As to demand 

 of particulars 

 in actions 

 for negligent 

 dii\ing. 



an action against the flour-dealer, the declaration alleging 

 that the plaintilt' was injiu'ed by the negligence of the 

 defendant's servants. And Pollock, C. B., said, " There 

 are certain cases of which it may be said res ipsa loquitur, 

 and this seems to be one of them. The Courts have held 

 that from certain occurrences negligence may be presumed, 

 railway accidents, &c." {a). 



It may be taken as a rule that the same evidence is re- 

 quired to establish a case of negligence as would suffice 

 to convict a man of manslaughter {b). 



In an action of fort for an injury to the person, as by 

 careless driving, it is within the discretion of the Judge 

 at Chambers, upon ajDplication by the defendant on affi- 

 davit, to oid.QX p)(i^'ticulars as to the nature and extent of the 

 injuries or of the claim for compensation {c). 



Right side of 

 the Eoad. 



RULE OF THE ROAD. 



If there be no peculiar circumstances to the contrary, it 

 is the duty of each party to keep the regular side of the 

 road. However, a person riding or driving is not hound to 

 keep his side ; but if he does not, he must use more care, 

 and keep a better look out, to avoid collision, than would 

 be necessary if he were on the proper part of the road (rf). 

 But the mere fact of a man driving on the wrong side of 

 the road is no evidence of negligent driving in an action 

 brought against him for running over a person, who was 

 crossing a road on foot {e) . 



If a person driving on the wrong side of the road in the 

 darl; accidentally injures another Carriage or person, he is 

 answerable for it (_/' ) . 



If a person driving a Gig on his proper side sees a Gig 



son coming on comiug dowu ou the wrong side of the road, he must not 



his wrons: jg^. j^imsclf be run down, but if he have time and room, 



must get out of the way ; for if he does not, he cannot 



bring an action and recover damages (</). 



Driving on 

 the wrong 

 side in the 

 dark. 



Seein 



g a per- 



side. 



(«) Byrne v. BoacUc, 33 L. J., Ex. 

 13. See also Scott v. London Dock 

 Co., 13 W. R. 410, and Kearney v. 

 London, Briyltton and South Coast 

 lictUu-a)i Co., L. R., 5 Q. B. 411 ; 

 afBrmed in Ex. Ch., L. R., 6 Q. B. 

 759. 



{h) See judgments of "Williams, 

 J., and Wilde, J., llammack v. 

 White, 11 C. B., N. S. 588. 



(e) Wicks V. Macnama)-a, 27 L. 

 J., Ex. 419. 



(d) See Ale.i-ander v. Laidley, Ap- 

 pendix; and I'lucJcicell v. Wilson, 

 5 C. & P. 375. 



(c) Lloyd V. Offleby, 5 C. B., N. S. 

 667. 



(/) See Handayside v. Wilson, 

 3 C. &P. 530; Alex((nder\. Laidley, 

 Appendix ; Elvin v. Chapman, Ap- 

 pendix. See also Lcame v. Bray, 

 3 East, 593. 



('/) PerPatteson, J., Beed v. Tate, 

 Newcastle Sj^r. Ass. 1846; and see 



