280 



NEGLIGENCE IN THE USE OF HORSES, ETC. 



AVlaere killing 

 a person is 

 held to be 

 manslaughter. 



Burthen of 

 proof. 



Furious 

 drifing. 



Carriages 

 racing. 



Driver un- 

 able to pull 

 up. 



and he saw or had timely notice of the mischief likely to 

 ensue, and yet inlfidhj drove on, it will be murder; for the 

 presumption of malice arises from the doing a dangerous act 

 intentionally, and " there is the heart regardless of social 

 duty " (e). 



if the driver might have seen the danger, but did not 



look before him, it will be manslaughter for want of due 



circumspection («). And generally it may be laid down, 



that, where one by his negligence has contributed to the 



• death of another, he is guilty oi manslaughter {/). 



Where a man was indicted for the manslaughter of a 

 woman by driving a cab over her in a public street, and 

 his defence was, that he had used due and proper care in 

 driving the cab upon the occasion in question ; it was held 

 that the burthen of proving negligence did not lie on the 

 crown, but that, upon the fact of the killing being proved, 

 it was cast upon the prisoner to show that he had used due 

 and proper care in driving the cab {g). 



If a man drive a carriage or cart at an unusually rapid 

 paee (h), whereby a person is killed, though he calls 

 repeatedly to such person to get out of the way ; if from 

 the rapidity of driving, or from any other cause the person 

 cannot get out of the way in time enough, but is killed, the 

 driver is in law guilty of manslaughter (/). 



If each of two persons be driving a cart or carriage, at a 

 dangerous and furious rate, along a highway, and they be 

 racing and inciting each other so to drive, and one of them 

 runs over a man and kills him, both are guilty of man- 

 slaughter {k) ; and it is no ground of defence, that the death 

 was caused by the negligence of the deceased himself, or that 

 he was either deaf or drunk at the time {li). 



So, also, if the driver of a carriage be racing with another 

 carriage, and from being unable to pull up his horses in 

 time, the first mentioned carriage is upset, and a person 

 thrown off it and killed, this is manslaughter in the driver of 

 that carriage. Thus, where two omnibuses, running in 

 opposition to each other, were galloping along a road, and 



{e) 1 Hale, 476; Fost. 263; 1 

 East's Pleas of the Crown, 263 ; and 

 see Seg. v. Coolc, ante, p. 279. 



(/) Beg. V. Swindall, 2 C. & K. 

 230. 



[g) Reg. v. Cavendish, 8 Ir. E., 

 C. L. 178— C. C. E. 



(A) See the General Highway Act, 



5 & 6 Will. 4, c. 50, s. 78; and for 

 the Metropolis, 2 & 3 Vict. c. 47, 

 s. 54. 



(j) Per Garrow, B., ifcv v. Walker, 

 1 C. & P. 32. 



(/,■) Heg. V. Swindall, 2 0. & K. 

 230. 



