NEGLIGENCE. Want of due diligence.
2. As to the amount of diligence required in case of bailments, and for the general prin ciples of the division of negligence into de grees, see BAILMENT ; FRAUD.
In general, a tiarty who has caused an injury or loss to another by his negligence is responsible for all the consequences. Hob. 134 • 3 Wils. 126 ; 1 Chitty, Plead, 129, 130; 2 Ifen. & M. Va. 423 ; 1 Strange, 596 ; 3 East, 596. An example of this kind may be found in the case of a person who drives his carriage during a dark night on the wrong side of the road, by which he commits an injury to another. 3 East, 593 ; 1 Campb. 497 ; 2 id. 466 ; 5 Bos. & P. 119 gee Gale & W. Easem. Index ; 6 Term, 659 ; 1 East, 106 ; 4 Barnew. & Ald. 590 ; 1 Taunt. 568; 2 Stark. 272 ; 2 Bingh. 170 ; 5 Esp. 35, 263; 5 Barnew. & C. 550. Whether the incautious conduct of the plaintiff will excuse the negli gence of the defendant, see 1 Q. B. 29 ; 4 Perr. & D. 642 ; 3 C. B. 9.
3. When the law imposee a duty on an officer, whether it be by common law or sta tute, and he neglects to perform it, he may be indicted for such neglect, 1 Salk. 380 ; 6 Mod. 96 ; and in sorne cases such neglect will amount to a forfeiture of the office. 4 Black
stone, Comm. 140. See Bouvier, Inst. Index.
Wherever there is a legal duty, and death comes by means of omission to discharge it, the yarty omitting is guilty of a felonious ho micide. 1 Burnett & H. Lead. Cas. 49 ; 2 Carr. & K. 368 ; 3 id. 123 ; 7 Cox, Cr. Cas. 301 ; 1 Den. Cr. Cas. 356 ; 8 Carr. & P. 325; 7 id. 438; 1 Russell, Crimes, Greaves ed. 19. See 6 Mass. 134 : 8 Mo. 561; 2 Strange, 882 ; 1 Carr. & P. 320 ; 5 id. 333 ; 6 id. 396, 629 ; 7 id. 499 ; 9 id. 672 ; 4 McLean, C. C. 463. But it must appear that the death was the direct and immediate result of the personal neglect or default of the defendant. For instance, where trustees appointed under a local act for the purpose of repairing roads within a particular district, with a power to contract for executing such repairs, neglected so to contract, and by reason of such neglect one of such roads became out of repair, and a person using it was accidentally killed in consequence of its so being out of repair, it was held that the trustees were not chargeable with manslaughter. 17 Q. B. 34. See 2 Carr. & K. 343, 368 ; 7 id. 425.