R v Swindall and Osborne
1846 · 2 Car & K 230
Posted By lanbuk.com
- Facts
- One or other of two drivers ran over and killed an old man. It was said that the man was deaf, or drunk, or , and contributed to his own death.
- Issue
- Does the victim's own negligence defeat ?
- Held
- Pollock CB directed that it was immaterial. The drivers remained responsible.
- Principle
- is not a defence to a criminal charge of causing death.
- Why it matters
- It closes the argument that the victim's carelessness breaks the chain.
Words and Latin in this note
- Contributory
- A present or past member who may be liable to contribute to a company's assets in a winding up. In a company limited by shares the liability is limited to any amount unpaid on the shares. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.