166 FURIOUS RIDING AND DRIVING. 



purely a jury question. Thus, a driver of a pony carriage 

 who, on a dark night in January, between seven and eight 

 o'clock, while driving, without hghts, at the rate of about six 

 miles an hour, knocked down a foot passenger on the 

 carriage-way of a public road which had a footpath on one 

 side, was found liable in damages, it being proved that he 

 saAv the passenger about fifteen yards oft', and that he neither 

 called out nor slackened his pace.(a) If the streets be more 

 than usually crowded, there is greater care necessary on the 

 driver's part. (6) Again, when snow is on the ground, 

 drivers are bound to exercise more caution, (c) and also when 

 coming to a crossing, (c?) and if a frail or old person is in his 

 way, there is an additional degree of vigilance required of a 

 driver,(e) and in turning a corner a stricter care is required 

 than in going straight along a road.(/) " Where the cbiver 

 of a vehicle drives over a person, in broad daylight, there is 

 the strongest presumption, both in fact and m law, that the 

 driver was in fault," ((/) and "where a person, driving a 

 carriage, notices another in front for the first time, when he 

 is only ten or twelve yards off", it almost raises a presump- 

 tion that he was in fault in not keeping a better look- 

 out."(/i) Again, in an action for injuries, received by a 

 young child, through being run over in the street by a milk 

 van, it was proved that the accident happened in daylight, 

 that the driver was seated on the shaft, and not on the driv- 

 ing seat, and that the van was driven at a considerable pace, 

 the Court held the owner of the cart liable in damages, (i) 

 Lord Young observed : — " We may almost take judicial 



(fO Gibson v. Milvoy, 1S79, 6 R. 890. 



{b) Reg V. Murray, 1852, 5 Co.x's Cr. Ca. 509. 



(c) Cotton V. Wood, 1860, 29 L.J., C.P. 333. 



(d) Williams v. Richards, 1852, 3 C. and K. 81. 



(e) Boss V. Litton, 1832, 5 C. and P. 407. 



(/) Per Chief-Justice Deninan in Mayor of Colchester v. Brooke, 1845, 7 Q. B. 

 339-359. 



(y) Lord Justice-Clerk Moncreiff in Clcr/c v. Pctrie, 1S79, 6 K. 1076 ; Anderson 

 V. Btac/cicood, 1886, 13 R. 443. 



(h) Lord Gifford in Clerk, cit. p. 1078. 



(i) Grant v. Glasgow Dairy Co., ISSl, 9 R. IS 2. 



