198 Centaur; 



preference to the assertion of the plaintiff that it was sixteen miles 

 an hour — though the former estimate means that the car was 

 going at a snail's pace, it argues badly for the chances of a widow 

 getting damages in case of a fatality. As to the question of 

 signalling, the driver of the tramcar was, on the judge's own 

 showing, more in the wrong than the plaintiff, for while the latter 

 did signal (though insufficiently, as Sir Rupert Kettle assumes) the 

 former was not keeping the necessary look-out, and, therefore, the 

 fault of the collision lay with him. The graver negligence was 

 on the part of the defendants, particularly if it is borne in mind 

 that these ' steam trams ' are a recent innovation, and have 

 brought the danger upon owners of horses by turning the high- 

 M-ays into railroads. Neither has it anything to do with the case 

 that the engineer had no knowledge that the plaintiff's horse was 

 a 'shyer,' except to make the case worse for the defendants. 

 The engineer had no right to cease for a second a watchful 

 look out for restive horses, because the existence of the bye-law, 

 requiring him to bring his engine to a standstill in face of 

 impending danger, pre-supposes this very restlessness on the part 

 of horses. Moreover, the restlessness on the part of spirited 

 horses is notorious, and, being the aggressors on the road, the 

 defendants were bound to use every precaution against accidents. 

 If steam tram drivers are to be permitted to cut people down at 

 their pleasure, the roads had better be resigned to them altogether. 

 This is clearly one of those cases, judging from the facts, as 

 reported, which ought to be carried to a superior tribunal, for it 

 is evident that a vast number of commercial travellers, tradesmen, 

 and professional gentlemen, driving in the tram districts, will be 

 exposed to the gravest risks if engineers of tramcars can be guilty 

 of negligence and the companj'- in spite of it escape ' scot free.' 

 Further, these ' iron horses ' do not fight fair. The advantage in 

 a collision is all on their side, and the reckless engineer has no 

 fear of a severed limb or a broken neck to sober him into a 

 suitable frame of mind. Not so the driver of a horse. His life 

 and that of his horse are in great jeopardy, and it is, therefore, 

 the imperative duty of the law to protect the w^eaker against the 

 stronger in all cases in which, as in this, negligence on the part 

 of the tramway company is admitted." 



TKAP ACCIDENTS. 



A fatal trap accident happened to Mr. John Brawn, limemaster, 

 Rushall. The deceased was on his way home, when some 

 wagoners or market gardeners drove past him at a furious pace 

 and shaved his wheel ; and, afterwards, a man who had annoyed 

 him and others in the same way on previous occasions raced past 

 him, the two vehicles very nearly coming into collision. Being 



