Note 373 — Chapter XVIII · INTENTION AND NEGLIGENCE.

See Hinton v. Dibbin, 2 Q. B. at p. 661, per Denman, C. J.: “It may well be doubted whether between gross negligence and negligence merely any intelligible distinction exists.” Wilson v. Brett, 11 M. & W. at p. 113, per Rolfe, B.: “I said I could see no difference between negligence and gross negligence, that it was the same thing with the addition of a vituperative epithet.” Grill v. General Iron Screw Colliery Co., L. R. 1 C. P. at p. 612, per Willes, J.: “No information has been given us as to the meaning to be attached to gross negligence in this case, and I quite agree with the dictum of Lord Cranworth in Wilson v. Brett that gross negligence is ordinary negligence with a vituperative epithet, a view held by the Exchequer Chamber in Beal v. South Devon Ry. Co.” Doorman v. Jenkins, 2 Ad. and El. at p. 265, per Denman, C. J.: “I thought and I still think it impossible for a judge to take upon himself to say whether negligence is gross or not.” Pollock’s Torts, p. 441, 8th ed. Street’s Foundation of Legal Liability, I. p. 28. See, however, for a full discussion of the matter, and an expression of the contrary opinion, Beven on Negligence, Book I. ch. II.