Principle Whoever drives any vehicle or rides on any public way in a manner so rash or negligen...........

Legal Concepts Law of Torts

Principle: Whoever drives any vehicle. or rides. on any public way in a manner so rash or negligent as to endanger human life. or to be likely to cause hurt or injury to any other person, has committed an offence. which shall be punished in accordance with the law.

Facts: ‘X’ a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit ‘Y’ a pedestrian from behind causing his death.

‘X’ is not guilty of rash and negligent driving

‘Y’ should have taken sufficient care on the footpath

‘X’ is guilty of rash and negligent driving

‘X’ is only in part guilty of rash and negligent driving

Explanation:

The facts themselves state that the driver was driving in a “rash and negligent” fashion.
Even if the same was not mentioned, further climbing on the footpath is rash and negligent by any standards (unless being compelled to for some reason).