FOOT-PASSENGERS. 1 7 5 



such conditions as tliey thought necessary. (a) In cases of 

 danger, railway locomotives must give an alarm whistle. (6) 



141. Collisions. — Collisions are subject to the ordinary 

 laws of negligence, already treated — viz., that the injurer is 

 answerable, but the injured party must exercise due care. 

 They may occur in three different ways. First, one party 

 may be to blame only ; second, both parties may be to 

 blame ; and third, neither party may be to blame. If a col- 

 lision occur, and the injured party can prove negligence on 

 the part of the injurer, and that he himself took reasonable 

 and proper care to avoid the injury, the other party is answer- 

 able. But although there may have been negligence on the 

 part of the injurer, yet, if by ordinary care the injured party 

 could have avoided the injury, and he fail to avoid it, he is 

 the author of his own wrong, and cannot recover, (c) Where 

 both parties are to blame, neither party can recover ; and 

 Avhere neither party is to blame, the injury arises from an 

 accident, (f?) and the injurer is not liable. 



3. The Rule of the Road. 



142. Foot-passengers. — The footpath at the side of a road 

 is for the accommodation of foot-passengers only, and the use.of 

 it is forbidden to horses and vehicles ; (e) but a foot-passenger 

 has a right not only to cross a road, but also to walk along the 

 carriage Avay, and it is the duty of drivers to avoid injuring 

 foot-passengers when doing so ; and if a driver cannot pull up in 

 time because his reins break, it is no defence, as he is bound 

 to have proper tackle.(/) Where a foot-passenger walks 



(a) Matson v. Baird, 1878, 5 R. (H.L.) 211 ; Charman v. S.-E. Ry. Co., 1888, 

 21 Q.B.D. 524. 



(h) Russell V. Cal. Ry. Co., 1879, 7 R. 148 ; Irelmid v. N. B. Ry. Co., 1882, 10 

 R. 53. 



(c) BvUerfieJd v. Forrester, 1809, 11 Ecast. 59 ; see also § 161. 



(d) See § ICO. 



(c) 41 & 42 Vict. c. 51. § 96. 



(/) Cotterill v. Starkey, 1839, 8 C. and P. 691, 



