NEGLIGENT DRIVING BY A SERVANT. 343 



ensued, has reference not to the nature of the loss or injury 

 sustained, but to the circumstances under which the bodily 

 injury arose, and the nature of the wrongful act, neglect 

 or default complained of. Thus, if the deceased has by 

 his own negligence materially contributed to the accident 

 by which he lost his life, as he, if still living, could not 

 have maintained an action in respect of any bodily injury 

 thus sustained, notwithstanding there might have been neg- 

 ligence on the part of the defendants, an action cannot be 

 maintained under Lord Campbell's Act {p) . But supposing 

 the circumstances of the negligence to be such that, if 

 death had not ensued, the deceased might have brought 

 his action in respect of any injury arising to him from it, 

 his representative, or a person beneficially interested in the 

 result of the action (q) , might maintain an action in respect 

 of an injury arising from a pecuniary loss occasioned by 

 the death, although that pecuniary loss would not have 

 resulted from the accident to the deceased, if he had 

 lived (r). But in order to maintain the action the persons 

 on whose behalf it is brought must prove that during the 

 lifetime of the deceased a pecuniary advantage accrued to 

 them owing to their relationship with him. They are not 

 entitled to compensation under the statute, if the only 

 pecuniary benefit to them from his life was derived from a 

 contract which they had entered into with him (s). 



In an action for negligent driving, a Pkii, which is to Plan of the 

 be put into the hands of the witnesses, should merely show locality. 

 the street, the pavement, the turnings, corners, &c., and 

 not the supposed position of the Carriages ; for if it does, 

 the Judge will not allow it to be used (t) . 



An award of compensation by a magistrate against the Conviction for 

 driver of a hackney or metropolitan stage-carriage upon j^^°^f^ r^ 

 an information for furious driving under 6 & 7 Vict. c. 8G, to subsequent 

 s. 28 (the Metropolitan Police Act), is a bar to a subsequent action, 

 action against such driver's employers by the party injured 

 in respect of his injuries. And if the party accepts such 

 compensation he is barred from further proceedings, even 



{p) 9 & 10 Vict. c. 93. and Rowley v. London and North 



[q) 27 & 28 Vict. c. 95, s. 1, Western Raihvay Co., L. R., 8 Ex. 



(r) Per Cockbum, C. J., Fi/m v. 221, Ex. Ch. ; 42 L. J., Ex. 153 ; 



Great Northern Railway Co., 2 B. & 29 L. T., N. S. 180. 



S. 767; and per Erie, C. J., S. C. (s) Sykes v. North Eastern Rail- 



4 B. & S. 40G. See also Franklin u-ay Co., 44 L. J., C. P. 191 ; 32 L. 



V. South Eastern Railway Co., 3 H. T., N. S. 199 ; 23 W. R. 473. 



& N. 211; Balton v. South Eastern {f) Beamon y.Ellice, 4 C. & P. 



Railway Co., 27 L. J., C. P. 227 ; 586. 



