Note 376 — Chapter XVIII · INTENTION AND NEGLIGENCE.

In Le Lievre v. Gould, (1893) 1 Q. B. at p. 500, it is said by Lord Justice Bowen: “If the case had been tried with a jury, the judge would have pointed out to them that gross negligence might amount to evidence of fraud, if it were so gross as to be incompatible with the idea of honesty, but that even gross negligence, in the absence of dishonesty, did not of itself amount to fraud.” Literally read, this implies that, though gross negligence cannot be fraud, it may be evidence of it, but this of course is impossible. If two things are inconsistent with each other, one of them cannot be evidence of the other. The true meaning is that alleged or admitted negligence may be so gross as to be a ground for the inference that it is in reality fraud and not negligence at all; see also Kettlewell v. Watson, 21 Ch. D. at p. 706 per Fry, J.