NEGLIGENT DRIVING. 



283 



accidents ensuing from driving at a rate, and with those 

 precautions which he might have ordinarily observed (u). 



If any one be maimed or otherwise injured by the 

 " wanton and furious driving or racing," or by the " wilful 

 misconduct " of the driver of any public stage carriage, the 

 person so offending is guilty of a misdemeanor, and in- 

 dictable under the statute 24 & 25 Vict. c. 100, s. 35 (x). 



Under 2 & 3 Vict. c. 47, s. 54, every person who, within 

 the Metropolitan Police District, " shall ride or drive 

 furiously, or so as to endanger the life or limb of any 

 person, or to the common danger of the passengers in 

 any thoroughfare," is liable to a penalty of not more 

 than 40s. 



Police constables are empowered to take a person into 

 custody without warrant, who may commit any such offence 

 " within view of any such constable " {}/) ; and this power 

 is not confined to cases where the offender's name and 

 residence is unknown (z). 



A conviction for furious driving under this statute, 

 not alleging the offence to have been committed within 

 view of the police constable, was held not to be a bar to 

 an action of trespass against a police constable for the arrest 

 and detention of the party, although such conviction was 

 unappealed against and acquiesced in (a). 



A party who sustains an injury from the careless or 

 negligent driving of another may maintain an action, unless 

 he has himself been guilty of such negligence or want 

 of due care as to have contributed or conduced to the 

 injury (5). 



The driver of a public vehicle is bound to be a skilful 

 driver, and any damage arising from his unskilful driving 

 is a ground of action. A less degree of skill is to be 

 looked for from the driver of a private vehicle, but he is 

 bound to drive with reasonable care and skill. Thus, in 

 the case of Collier v. Chaplin (c), which was an action to 



Where driver 

 is indictable 

 under 24 & 25 

 Vict. c. 100, 

 s. 35. 



Furious driving 

 in the Metro- 

 politan Police 

 District. 



Power of 

 police con- 

 stables. 



Conviction no 

 bar to action 

 of trespass. 



Where party 

 injured by 

 negligent 

 driving may 

 maintain an 

 action. 



Duty of 

 drivers of pub- 

 lic and private 

 vehicles. 



(u) Reg. V. Murray, 5 Cox, C. C. 

 509 (Ir.). 



(x) Ee-enacting 1 Geo. 4, c. 4. 



{y) 2 & 3 Vict. 0. 47, s. 54. 



(z) Justice V. GosUny, 16 J. P. 105 ; 

 21 L. J., C. P. 94; 2 & 3 Vict. 

 c. 47, E. 63. 



(o) Justice V. Gosling, 16 J. P. 105 ; 

 21 L. J., C. P. 94. 



(b) See per Coltman, J., Thorogood 

 V. Bryan, 8 C. B. 130. 



(c) Collier V. Chaplin, N. P., C. P. 



cor. Byles, J., Westminster, Feb. 1, 

 1865. See also Moffat v. Bateman, 

 L. E., 3 P. C. 115; 22 L. T., N. S. 

 140 ; 6 Moore, P. C. C, N. S. 369; 

 Simson v. London General Omnlbiis 

 Co., L. E., 8 C. P. 390; 42 L. J., 

 C. P. 112; 28L. T., N. S. 560 ; 21 

 W. R. 595 ; Manzoni v. Douglas, 6 

 Q. B. D. 145, 151 ; Martin v. North 

 Metropolitan Tramioays Co., 3 Times 

 L. R. 600. 



