ABSTRACT

In the 1880 decision of the Court of Common Pleas in Scaramanga & Co. v Stamp1 Cockburn C.J. observed:

The impulsive desire to save human life when in peril is one of the most beneficial instincts of humanity…it is of the utmost importance that the promptings of humanity in this respect should not be checked or interfered with by prudential considerations as to injurious consequences.2