15G RACING ALONG THE ROAD. 



offence may vary from a police offence to culpable homicide, 

 and even murder if it be wilful, (a) 



122. Furious and Reckless Riding and Driving. — It is 

 not in every one's power either to be a good rider or driver, 

 or to manage his horse dexterously on every occasion ; but 

 the law considers it incumbent on every person to know his 

 own deficiencies, and take care that he does not proceed 

 along the highway on a horse that he cannot control, or ride 

 at such a rate as to endanger the safety of others upon the 

 road. Furious driving or riding(6) is accordingly an indict- 

 able offence if it lead to the over-turning or injury of car- 

 riages, to the maiming or hurting of individuals, or to injury 

 to property, (c) Thus, on a charge of " culpable and furious 

 driving," two drivers of carts of empty barrels Avere sentenced 

 to twelve months' imprisonment for driving furiously past 

 carts loaded with furniture, whereby some furniture was 

 damaged, and a servant on the cart had her leg broken, (c?) 

 When furious driving causes death it is culpable homicide, 

 and numerous cases have occurred where drivers have been 

 found guilty of culpable homicide, (e) Thus, a hackney- 

 coachman was convicted of culpable homicide for having, 

 in a state of intoxication, driven over and killed an old 

 woman. (/) 



123. Racing along the Road. — To race along a road at 

 such a pace as to endanger the safety of the lieges is criminal ; 

 and if a fatal accident occur, both of those engaged in the 

 race are equally guilty, though only one cause the injury. 



(a) Lord Raymond, i. 143 ; 1 East. Cr. Pleas, 263 ; Hume, i. 192, 193. 

 {b) Grant, 1830, Alison's Prin. 122, 626. 



(c) Hume, i. 193 ; 1 Geo. IV. c. 4 ; 50 Geo. IIL c. 48, § 15. 



(d) Bartholcmew, Somcrvlllc and Watson, 1825 ; Hume, i. 193. See also John- 

 stone and Alexander, 1829 ; Davidson and Train, 1829 ; Bolton, 1828 ; and Grant ; 

 cit. Alison's Prin. 626. 



(e) Colqithoun, 1804 ; Andrew and Adam Scott, 1805 ; Hume, i. 192, 193. 

 (/) Liddell, 1818 ; Hume, i. 193. 



