The Holyhead Road: The Mail-coach Road to Dublin. Vol. 1Harper, Charles G. (Charles George)
History
The Holyhead Road: The Mail-coach Road to Dublin. Vol. 1
Harper, Charles G. (Charles George)
A5 Road (England and Wales); England -- Description and travel; England -- Social life and customs
One shudders to think what would become of railway directors and
shareholders if the old Law of Deodand were still in existence. It was
an ancient enactment, going back to the days of the Saxon kings, by
which the object causing the death of a person was forfeited for the
benefit of his representatives. At least, that was originally the humane
intention of the law, which then really represented the etymology of its
name, making it a God-given compensation. Sometimes the death-dealing
object was valuable; occasionally it was practically valueless; just as
might happen. But, like many another originally just and equitable
thing, the Law of Deodand became perverted, and the inevitable Landowner
found his account in it. It is difficult to follow the reasoning that,
when the person killed left no representatives, made the offending
object forfeit to the Lord of the Manor on whose land the accident might
happen; but so it came about. Deodand became limited after a time, and
instead of those interested receiving the full value of the thing
causing death, a jury would sit to assess the damages due according to
circumstances. Thus, when the Holyhead Mail ran over and killed a boy on
the road near South Mimms, the deodand on the coach and horses was
assessed by the coroner’s jury at one sovereign. Rightly considered,
however, deodand should not in this case have been levied at all, for
the accident was entirely due to a group of three boys, of whom the
deceased was one, darting across the road under the horses’ heads to see
how nearly they could come to the coach without being run over: a common
feat with boys in those days, and one that ruined many a coachman’s
nerves. In this case the boy was killed, and clearly by his own fault.
Had the deodand not been limited, a curious legal point might have
arisen, as it had done before, in the case of a man being killed by a
horse and loaded waggon running over him; when, the value of the horse
and waggon being claimed, the lawyers successfully raised the point that
it was not the horse that killed the man but the waggon. In the result,
the deodand was lessened by the value of the horse. This law was finally
abolished before railways came into existence, or we might have seen
locomotives and whole trains forfeited to relatives of the accidentally
killed; or, failing these, to the Lord of the Manor in the particular
spot where the accident happened.
A perhaps less sporting practice than that of permitting amateurs to
handle the ribbons, but one certainly also less dangerous to the
travelling public, was the wholly unauthorised and altogether
illegitimate custom that began to obtain in later years of admitting a
third person upon the box of the mails.
Public-domain text, read in full here on John Shaqi.
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