Football and the Law
219
of a football match played between the clubs of Ashby-de-la-Zouche and
by the law of the land; and the law of the land says you shall not do that
Coalville, in which the deceased was a player on the Ashby side and the
which is likely to cause the death of another. For instance, no persons can
prisoner was a player on the Coalville
by agreement go out to fight with deadly weapons, doing by agreement
side.
The game was played according
to certain rules known as the ‘Associa tion Rules.’ The deceased was dribbling
the ball along the side of the ground in the direction of the Coalville goal,
what the law says shall not be done, and thus shelter themselves from the
consequences of their acts.
Therefore,
was running towards him to get the ball
in one way you need not concern your selves with the rules of football. But, on the other hand, if a man is playing
from him or prevent its further progress; both players were running at con siderable speed; on approaching each other, the deceased kicked the ball
according to the rules and practice of the game and not going beyond it, it may be reasonable to infer that he is not actuated by any malicious motive
when he was met by the prisoner, who
beyond the prisoner, and the prisoner, by way of charging the deceased, jumped in the air and struck him with his knee in the stomach. The two met, not directly, but at an angle, and both fell. The prisoner got up unhurt, but the deceased rose with difliculty and was led from the ground. He died next day, the cause of death being a rupture of the intestines.” Witnesses difiered as to the particulars.
Some said the prisoner's charge was contrary to the rules of the game and made in an unfair manner. Others said it was not, and one of the umpires said that, in his opinion, nothing unfair had been done.
Lord Justice Bramwell, in summing up the case to the jury said, "the ques tion for you to decide is whether the
or intention, and that he is not acting in
a manner which he knows will be likely to be productive of death or injury. But, independent of the rules, if the prisoner intended to cause serious hurt to the deceased, or if he knew that, in
charging as he did, he might produce serious injury and was indifferent and reckless as to whether he would pro duce serious injury or not, then the act would be unlawful. In either case he would be guilty of a criminal act and
you must find him guilty; if you are of a contrary opinion you will acquit him.” The judge then stated (and it isn’t
a bad statement for such a considerable personage as a real judge) that no doubt the game was, in any circumstances, a rough one; but he was unwilling to
death of the deceased was caused by decry the manly sports of the country, the unlawful act of the prisoner. There is no doubt that the prisoner's act caused the death, and the question is
whether that act was unlawful. No 'rules or practice of any game whatever can make that lawful which is unlawful
jefl'erson City, M0.
all of which were no doubt attended with more or less danger. The prisoner was acquitted, as has been said, but the rules of law laid down
could be invoked in many vexatious ways by one inclined to meddle.
