Special Part, Illustrations. (13)
19th Century Sir Frederick Pollock English- A. occupies a warehouse in which coal is kept. The coal takes fire, and both A.’s warehouse and an adjoining warehouse belonging to B. are burnt. B. sues A. for compensation. It is a question of fact whether there has been negligence on A.’s part, either in the manner in which the coal was kept, or in the precautions used against fire, or in the endeavours made to subdue the fire when it was discovered.
Wanless v. N. E. R. Co., L. R. 7 H. L. 12; cp. per Mellor J., Cliff v. Midland R. Co., L. R. 5 Q. B. at p. 261. 2. The X. Railway Company’s line crosses a high road on the level. A., a foot passenger, attempts to cross the line at this place, not being expressly warned by any servant of the company not to do so, and is knocked down and injured by a train under the management of the company’s servants. It is a question of fact whether, having regard to the precautions for the safety of persons crossing the railway, which may have been prescribed by rules under the Indian Railway Act, 1879, to the local circumstances, to the usual course of traffic, and to the state of things at the time of the accident, the injury to A. was or was not caused by negligence on the company’s part.
A grass bank adjoins the X. Company’s railway, and is part of the company’s property. Grass cut by the company’s servants on this bank is there deposited during a dry season, and, after this grass has been there for some time, a train passes on the line, and the grass is immediately thereafter seen to be on fire. The fire spreads across a field and burns A.’s house. A. sues the company for compensation. It is a question of fact whether the company has been negligent.
A. is lawfully passing under a crane belonging to B., and worked by B.’s servants, which overhangs A.’s path. A bale of cotton which is being lifted by the crane falls upon A. and hurts him. It is a question of fact whether B.’s servants have been negligent in the management of the crane.
A., while crossing a public road on foot, is run over by B.’s carriage. A. cannot recover compensation from B. without proving facts tending to show that B.’s driver was in fault rather than A., for drivers and passengers are equally bound to use due care and caution in a place where both may lawfully pass and repass.
B. goes out riding in town with a horse he has just bought. While he is riding at a moderate pace, the horse, notwithstanding B.’s efforts to keep him in, runs away, and runs against and injures A., who is lawfully on the foot pavement. Unless B. managed the horse unskilfully, or knew it to be unmanageable, B. has not wronged A..
If a person riding or driving sees, or with ordinary care would see, that a blind man, an infant, or a cripple, is in the way, greater caution is required of him than if an able-bodied adult were in the same situation with regard to him.
Contributory negligence.64.. (1) A person is not liable for harm of which the principal cause is the negligence of the person injured [or of a third person], although the harm would not have happened but for the negligence of the first-mentioned person, or of some person for whose negligence he is answerable.
(2) A person suffering harm whereof his own negligence is the principal cause, though but for the negligence of some other person it would not have happened, is said to be guilty of contributory negligence.
(3) A person’s negligence is deemed to be the principal cause of harm which could immediately before its happening [or perhaps better, “immediately before it happened or became inevitable”] have been prevented by due care and caution on the part of that person alone.
(4) Where by this Act any person is declared to be liable as for negligence, the rules of law concerning contributory negligence are applicable.