NEGLECTING TO WAEN AND PULL-UP. 1G7 



notice of the fact that, when two lads are m charge of a Hght 

 van hke this, they drive at a furious pace. In fact, the 

 thmg is so notorious that, against such a van as this, driven 

 by bo3's who are laughing and chatting together, and which 

 has run over a person in daylight, the presumption is 

 in-esistibly strong, and I think it wholesome, in the interests 

 of the public, that masters who send out boys with such 

 vans, should be held responsible for the injuries inflicted by 

 the recklessness of these drivers. («) And Lord Justice-Clerk 

 Moncreiff said : — " The driver of the dairy cart was not in his 

 right place — the driving seat — and when the driver is not in 

 his right place, I assume he takes some risk for what ma}- 

 happen through want of sufficient command over his 

 horse." (6) Where two vehicles are racing along the road, 

 an action is relevant against both or either of the wrong- 

 doers. 



132. Neglecting to Warn and Pull-up — When a foot- 

 passenger is in front of a vehicle, as — e.g., in crossing the 

 street, the driver of it is not entitled to drive on regardless 

 of consequences. He must not only give a warning, but 

 also see that his warning is attended to. Tliis rule was 

 established in a case where the driver of a dogcart, driving 

 at a speed of five or six miles an hour, in daylight ran over 

 an old woman of ninety-four. He called out to the old 

 woman, but she could not hear him. The Court held him 

 liable in damages ; Lord Giftbrd observmo- : — " A driver who 

 is approaching a person whom it is necessary to warn is 

 bound either to stop or to slacken speed, so as to be able to 

 stoj) if the warning should not be heard or should be mis- 

 understood. He is bound to wait to see whether his warn- 

 ing is attended to ; the defender failed to do this, and there 

 was thus fault on his part. He should have been able to 

 avoid the old lady whether she heard him or not."(f) 



(«) Grant, cit. p. 185. 



(h) Ibid. p. 185. 



(c) Clerk v. Petrie, 1879, 6 II. 10761078. 



