Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
There are many cases in which there is no substance which can be made
the subject of deodand; as in death by poison or by explosions in
mines, either from inflammable gas, or the powder used in blasting.
The first of these cases calls for immediate remedy; as the instances
of fatal substitution of poison for medicine occur continually,
notwithstanding the repeated warnings published on the subject. Nor
are accidents in mines less worthy of attention; ordinary precaution
might have prevented many which have lately taken place. The Safety
lamp of Sir _H. Davy_ is so firmly established in reputation, that no
doubts can be entertained of its efficacy; some late inventions also
have secured the miner from the numerous disasters to which he is
liable in the dangerous operation of blasting. When the conductors of
mines neglect these ordinary and well-known precautions, they become
morally responsible for any mischief which may consequently occur; we
have only to lament that they are not legally answerable for their
criminal neglect.
Footnote 87:
With respect to a second inquest, the law is thus laid down (3 _Barn.
& Ald._ 266.) So also he (the coroner) may dig up the body, if the
first Inquisition be quashed. _Str._ 533. But it must be by order of
the Court of King’s Bench, on motion, _Str._ 167. And the judges will
exercise their discretion, according to the _time_ and circumstances,
whether he shall or shall not do it. _Salk._ 377. _Str._ 22. 533. 2
_Mod._ 16.
Footnote 88:
Public-domain text, read in full here on John Shaqi.
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