What the law deems gross negligence has been thus defined in a case where a “Herbalist” was on trial for manslaughter, for the death of a patient through an overdose of colchium seeds and brandy for a cold. “Gross negligence might be of two kinds; in one sense, where a man, for instance, went hunting, and neglected his patient, |88| who died in consequence. Another sort of gross negligence consisted in rashness, where a person was not sufficiently skilled in dealing with dangerous medicines which should be carefully used, of the properties of which he was ignorant, or how to administer a proper dose. A person who, with ignorant rashness, and without skill in his profession, used such a dangerous medicine, acted with gross negligence. It was not, however, every slip that a man might make that rendered him liable to a criminal investigation. It must be a substantial thing. If a man knew that he was using medicines beyond his knowledge and was meddling with things above his reach, that was culpable rashness. Negligence might consist in using medicines in the use of which care was required, and of the properties of which the person using them was ignorant. A person who so took a leap in the dark in the administration of medicines, was guilty of gross negligence. If a man was wounded and another man applied to his wound sulphuric acid, or something which was of a dangerous nature, and ought not to be applied, and which led to fatal results, then the person who applied this remedy would be answerable, and not the person who inflicted the wound, because a new cause had supervened. But, if the person who dressed the wound applied a proper remedy, then, if a fatal result ensued, he who inflicted the wound remained liable.” In these words Willes, J., charged the jury, and they, after a long deliberation, brought in a verdict of “not guilty” [215]. And in the very recent case of _State_ v. _Hardister_ [216], it was held that a physician is criminally liable for his gross ignorance causing the death of his patient, but not for a mere mistake of judgment.