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4
Of Excuses Extenuations
have occasioned a man by striking him; and it appears that
you had no particular intention of striking him: but yet
that he was close to you; insomuch that, had you but looked
round to observe whether any person was in the way, you
must have seen him; it will appear that your striking him
was an act of heedlessness. But this will not appear to
be the case if at the time of your beginning to move your
arm he was out of your reach and was bought within it
unexpectedly and by accident, for instance by a shove from
another person; or in a street upon his starting aside to
avoid being trampled upon by a horse run over by a carriage. So if a housemaid
by throwing water out of a window into a frequented street
were to splash a man or scald him: or if a horseman by
riding full gallop in a crowded street were to beat a man
down; or if a coachman by turning a corner furiously were
to drive over a man. These acts are all of them such as in general
are to be deemed acts of needlessness.
[(B) Degree] 1. The degree of heedlessness is the greater, the greater the
Degree of heedlessness - how measured danger would appear to a person of ordinary prudence; in case of
a man's engaging in the act in question in the circumstances
in question.
2. The greatness of the danger will depend upon a great number multitude
Identifier: | JB/071/008/004 "JB/" can not be assigned to a declared number type with value 71.
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1-6 |
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071 |
penal code |
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008 |
of extenuations |
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004 |
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copy/fair copy sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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23411 |
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