“No. Has it anything to do with driving?”
“Everything. Kenyon was trying a case at the Guildhall and seemed disposed to leave it to the jury to say whether the plaintiff might not have saved himself from being run into by the defendant by going on to the wrong side of the road, where—according to the witnesses—was ample room; so Lord Erskine in addressing the jury said: ‘Gentlemen,—If the noble and learned judge, in giving you hereafter his advice, shall depart from the only principle of safety (unless where collisions are selfish and malicious), and you shall act upon it, I can only say that I shall feel the same confidence in his lordship’s general learning and justice, and shall continue to delight, as I always do, in attending his administration of justice: but I pray God that I may never meet him on the road!’ Lord Kenyon laughed, and so did the jury, and in summing up the judge told them that he believed it to be the best course stare super antiquas vias.”
“Not so bad!”
On and on we drove; the very air seemed alive With the tintinnabulation that so musically wells from the jingling and the tinkling of the bells in the icy air of winter.
FOOTNOTES:
[1] Also the List of Cases.
[2] M’Manus v. Crickett, 1 East, 106; Croft v. Alison, 4 B. & Ald. 590; Sleath v. Wilson, 9 C. & P. 607, qualified by Seymour v. Greenwood, 6 H. & N. 359, 7 H. & N. 355; Lamb v. Palk, 9 C. & P. 631; Sheridan v. Charlick, 4 Daly, 338.
[3] Roe v. Birkenhead, etc., Rw. Co., 7 Ex. 36.
[4] Joel v. Morison, 6 C. & P. 501.
[5] Limpus v. London Omn. Co., 1 H. & C. 526; Joel v. Morison, 6 C. & P. 501; Mitchell v. Crassweller, 13 C. B. 237; Seymour v. Greenwood, 7 H. & N. 356.