R v Dalloway

A defendant is not liable for a death that would have happened even if he had been taking proper care.

Citation
(1847) 2 Cox CC 273
Court
Assizes
Year
1847
Subject
Criminal Law
Topic
Causation

Facts

Mr Dalloway was driving a horse and cart without holding the reins, which were lying on the horse's back. A three year old child ran into the road in front of the cart and was killed. He was charged with manslaughter.

Legal principle

Erle J directed the jury that, if Mr Dalloway could not have saved the child even if he had been holding the reins and driving with proper care, he was not guilty. His negligence in not holding the reins was not a cause of death unless it made a difference to what happened. The jury acquitted him. The case shows that the defendant's fault, as well as his conduct, must have caused the result.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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