and which he has no reason to suppose will do more than slight
bodily harm, but which [60] does kill the other, he commits
manslaughter, not murder. /1/ But if the blow is struck as hard
as possible with an iron bar an inch thick, it is murder. /2/ So
if, at the time of striking with a switch, the party knows an
additional fact, by reason of which he foresees that death will
be the consequence of a slight blow, as, for instance, that the
other has heart disease, the offence is equally murder. /3/ To
explode a barrel of gunpowder in a crowded street, and kill
people, is murder, although the actor hopes that no such harm
will be done. /4/ But to kill a man by careless riding in the
same street would commonly be manslaughter. /5/ Perhaps, however,
a case could be put where the riding was so manifestly dangerous
that it would be murder.

To recur to an example which has been used already for another
purpose: "When a workman flings down a stone or piece of timber
into the street, and kills a man; this may be either
misadventure, manslaughter, or murder, according to the
circumstances under which the original act was done: if it were
in a country village, where few passengers are, and he calls out
to all people to have a care, it is misadventure only; but if it
were in London, or other populous town, where people are
continually passing, it is manslaughter, though he gives loud
warning; and murder, if he knows of their passing, and gives no
warning at all." /6/

The law of manslaughter contains another doctrine [61] which
should be referred to in order to complete the understanding of
the general principles of the criminal law. This doctrine is,