Special Part, Illustrations. (15)
19th Century Sir Frederick Pollock EnglishA. and B. are the drivers of carriages approaching one another. Each is entitled to assume that the other will drive competently and observe the rule of the road, but if and when it becomes manifest to A. that B. is driving on his wrong side, or otherwise negligently, A. must take such precautions as are reasonably fitted, having regard to B.’s conduct, to avoid a collision.
A. is riding in a carriage hired by him from B. The driver provided by B. is incompetent, by reason whereof the horse runs away with the carriage towards a deep nullah. A. jumps out of the carriage to avoid being thrown down the nullah, and in so doing is injured. B. is liable to A. if, under all the circumstances, A. acted reasonably in contemplation of an apparently greater risk and in order to avoid the same.
A. is the owner of horses kept in a stable. B. unlawfully digs a trench and places rubbish in the road giving access to the stable, which makes it difficult but not impossible to take horses out. A. attempts to lead a horse out over the rubbish, and the horse falls into the trench and is injured. It is a question of fact whether, under the circumstances, the risk was one which A. might reasonably incur. If it was, B. has wronged A., notwithstanding that A. voluntarily incurred some risk.
Custody of dangerous things.68. A person who does any of the following things:—
is bound to take and cause to be taken all reasonably practicable care and caution to prevent harm being thereby caused to others, and is liable as for negligence to make compensation for any harm thereby caused, unless he proves that all reasonably practicable care and caution were in fact used.
Explanations.—1. Dangerous things for the purposes of this section are fire (not being used in the ordinary way of domestic purposes), earth or water artificially collected in large quantities, explosive and inflammable matters, and any other thing likely for default of safe keeping to cause harm to neighbouring persons or property.
A dangerous animal for the purposes of this section is—
A person who deals with a dangerous thing and is in good faith ignorant of its dangerous character is not subject to the liability declared by this section.