LEAVING THE HORSE UXWATCHED AVHEX STOPPING. 157 



Tims, two carters were convicted of culpable homicide for 

 having run a race in their carts, and thereby killed an old 

 woman, (a) And this rule applies equally whether the 

 injured party is within or without either of the racing 

 vehicles. (6) 



124. Failure in keeping look out and control Sitting in 



a vehicle and not keeping a good look out is a criminal offence, 

 falling under a charge of culpable and reckless driving, (c) Thus, 

 a driver was found guilty of culpable homicide, his negligence 

 consisting in driving over a child three years old in a street in 

 Glasgow. He was seated in his cart, the horse only going 

 at a walking pace, and his negligence only reached the length 

 of failing to keep a due look out. (d) Again, a driver was 

 similarly convicted for causing the death of a child, his negli- 

 gence consisting in having stayed behind his horse talking 

 with other carters ; he had not the reins in his hand, and the 

 horse turned a corner, and killed the child. Lord M'Kenzie 

 laid it down that hero there was a clear case of neglect, inas- 

 much as the carter should have been at the horses head 

 and with the reins in his hands, and that it was not sufficient 

 to reUeve him of criminal responsibility that the horse was 

 only walking at the time, (e) But it is a good defence to 

 a charge of criminal negligence that the accident was caused 

 by the injured party getting in front of the horse, (/) or that 

 the injured party interfered with the driving. (^) 



125. Leaving the Horse Unwatched when Stopping is 

 relevant to infer a charge of reckless driving, and even 



(a) Cricliton and Morrison, 1822 ; Hume, i. 193 ; M'Mlllan and Others, 1831 ; 

 Forfar, 1829, and Brown, 1827 ; Alison's Prin, 118 ; Reg. v. Sicindall, and 

 Osborne, 1826, 2 C. and K. 230. 



(b) Rex V. Timmins, 1836, 7 C. and P. 499. 



(c) Matheson, 1837 ; 1 Swin. 593. 



(d) Miller, 1828 ; Alison's Prin. 118 ; see also Macdonald, 1826 ; Alison's Prin. 

 119. 



(e) Scott, 1829 ; Johnstone, 1823 ; Alison's Prin. 119, 120. 

 (/) Alison's Prin. 120. 



[rj) Reg. V. Jones, Lush, J., 1870, 22 L.T., N.S. 217. 



