R v Dalloway
A defendant is not liable for a death that would have happened even if he had been taking proper care.
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.
Related cases on causation
- Baker v Willoughby [1970] AC 467
- Barker v Corus UK Ltd [2006] UKHL 20, [2006] 2 AC 572
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Bonnington Castings Ltd v Wardlaw [1956] AC 613
- Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32
- Gregg v Scott [2005] UKHL 2, [2005] 2 AC 176
- Hotson v East Berkshire Area Health Authority [1987] AC 750
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