TRACTION ENGINES. 179 



collision with another car coming the opposite way."(a) 

 Where a vehicle is legitimately stopped on tramway rails, 

 the driver of the car commg immediately behind it must 

 stop also, and if injury be occasioned by his not doing so the 

 tramway company is liable. (6) The promoters or lessees of 

 tramway companies are, by the General Tramway Act, 1870,(c) 

 answerable for all accidents, damages, or injuries happening 

 through their act or default, or of any person in their 

 employment, by reason or in consequence of any of their 

 works or carriages, but the Act does not enlarge their common 

 law liabilities. Thus, where a steam car, without negligence 

 on the part of its driver, caused a horse to take fright and 

 injured it, the company Avere not held liable. (cZ) 



145. Traction Engines — The legislature has, from con- 

 siderations of public safety, introduced certain regulations (e) 

 for the construction of traction engines, and for their 

 conveyance along public roads ; and persons who use these 

 vehicles are liable for injuries to horses, &c., if they fail to 

 use the precautions prescribed by statute or local authorities. 

 Those applicable to the safety of horses and those using them 

 are : — That, as far as practicable, they shall consume their 

 own smoke ;(/) that road authorities may make bye-laws 

 as to the hours during which these engines may pass over 

 roads ;(</) that three persons at least must be employed to 

 conduct the locomotive, and if more than two waggons or 

 carriages be attached thereto, an additional person shall be 

 employed, who shall take charge of such Avaggons or carri- 

 ages ;(/i) that one of such persons, while the locomotive is 



(a) Lord President Inglis in Jardlne v. Stonejleld Laundry Co., 1887, 14 R. 

 839 ; see Lord Justice-Clerk Moncreiflf in Ramsay, cit. 



(b) M'Dcrmuid v. Edin. Street Tramways Co., 1884, 12 R. 15 



(c) 33 & 34 Vict. c. 78, § 55. 



(d) Brocklehurst v. Manchester, d-c., Tramways Co., L.R. 17 Q.B.D 118 



(e) 24 & 25 Vict. c. 70 ; 28 k 29 Vict. c. 83 ; 41 & 42 Vict. c. 58 • 41 & 42 

 Vict. c. 77 (England). ' 



(/) 41 & 42 Vict. 0. 58, § 5. [g) Ibid. § 6. (h) 28 & 29 Vict. c. 83, § 3. 



