ON ACCIDENTS. 307 



things themselves, and not to trust to their horsekeepers ; 

 and where accidents by their coaches can be traced to the 

 want of such attention, it is but just that their pockets 

 should suffer. Axletrees and springs do not often break 

 now ; and if proprietors choose to go to the expense, 

 their wheels are made secure against coming: off. Thus 

 it is pretty clear that accidents to coaches are at this time 

 chiefly to be attributed to these two causes : viz. — either 

 the want of proper skill and care in the servants 

 employed ; or inattention on the part of their masters — 

 the latter the less pardonable of the two. 



I believe it is pretty well established in our courts of 

 law, that, for the consequences of any accident to a coach, 

 which, in the common course of things, could be avoided, 

 the proprietors of that coach pay. This is as it should 

 be. Gross negligence l the law holds to be nearly equal 

 to malicious design ; and its decision here, that no man 

 should suffer by the carelessness of another, is in con- 

 formity with the natural sentiments of mankind. Thus 

 it was by the Aquilian Law. The man who was not 

 able to manage his horse, and happened accidentally to 

 ride down his neighbour's slave, was obliged to make 

 good the damage. 



Doubtless road coachmen are well aware that the law 

 looks pretty sharp after them, and that they are equally 

 answerable to their employers, as their masters are to 

 the public, for wilful neglect proved against them. I 

 only recollect one instance of an action brought by pro- 



1 ' Lata culpa prope dolum est,' says Grotius. 

 x 2 



