The Law of Torts : a Treatise On the Principles of Obligations Arising From Civil Wrongs in the Common Law ; to Which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India

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To quickly assess the difficulty of the text, read a short excerpt:

192. D.
9. 2, ad. leg. Aquil. 31. In a civil action it would probably be left to the jury whether, on the whole, the work was being done with reason- able care.
TEST OF APPAKENT RISK. 457 That will be his misfortune, and may be unaccompanied by any imprudence on his part ; but it cannot be set down to the fault of the workman. If the workman had no particular reason to suppose that the next passer-bj^ would be deaf, he was bound only to such caution as suffices for those who have ears to hear.
...The same rule must hold if a deaf man is run over for want of hearing a shout or a whistle («), or a blind man for want of seeing a Hght, or if a colour-blind man, being unable to make out a red danger flag, gets in the line of fire of rifle or artillery practice ; or if in any of these circum- stances a child of tender years, or an idiot, suffers through mere ignorance of the meaning which the warning sight or sound conveys to a grown man with his wits about him.
And this is not because there is any fault in the person banned, for there may well be no fault at all.


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