The plaintiff passenger, alarmed for his safety jumped from the defendant’s carriage, and now claimed damages for negligence.
Held: If the defendant crated a situation in which his passenger was properly so concerned for his own safety as to choose another dangerous course, the defendant was not excused by that choice: ‘It is for your consideration whether plaintiff’s act was the measure of an unreasonably alarmed mind, or such as a reasonable and prudent mind would have adopted. If I place a man in such a situation that he must adopt a perilous alternatve, I am responsible for the consequences.’
Judges:
Lord Ellenborough
Citations:
[1816] 1 Stark 493, [1816] EWHC KB J75
Links:
Jurisdiction:
England and Wales
Negligence
Updated: 08 June 2022; Ref: scu.189979