PART 11. 



NEGLIGENCE IN THE USE OF HOESES, &o. 



CHAPTER I. 



THE CRIMINAL AND CIVIL LIABILITIES OF PARTIES FOR 

 INJURIES INFLICTED OR INCURRED IN DRIVING, ALSO 

 THE RULE OF THE ROAD, AND NEGLIGENT DRIVING BY 

 A SERVANT. 



Negligent Driving. 



Negligence is defined to be the omitting to do something Definition of 

 which a reasonable man would do, or the doing something negligence, 

 which a reasonable man would not do ; in either case 

 causing mischief to a third party ; not intentionally, for 

 then there would be no negligence {a). 



An abstract rule as to what will constitute negligent Negligent 

 driving can hardly be laid down. It must depend upon 'i^'^"'?- 

 all the circumstances of each case. Thus, it was held by 

 Bayley, J. (6), that a carter sitting inside a cart, instead of 

 attending at the horse's head, was guilty of negligence ; 

 and the fact that while he was there sitting, the cart went 

 over a child, who was gathering up flowers on the road, and 

 killed it, made him guilty of manslaughter. And the same 

 point was ruled by Huilock, B. (c). But under other cir- 

 cumstances a driver would be more negligent in being off 

 than on his vehicle. 



If a man rides recklessly a wild horse into a crowd, and "Where killing 

 kills a person, it will be murder, in the same way as it has ^^'^^'j)^ 

 been so held when bricks were thrown from the top of a murder, 

 house into a thoroughfare, and killed a person (d). 



If a person driving a carriage happens to kill another, 



(a) Per Alderson, B., Bhjth v. (c) Spring Assizes, 1829, quoted 

 mrmingham Waterworks Co., 2 Jur. 1 Lewin, C. C. 168. 



I^. S. 333. {d) Liverpool Spring Assizes, 1847, 



(b) Knight's case, 1 Lewin, C. C. per Alderson, B., lieg. v. Cook, 

 168. 1 Ld. Eaym. 143. 



