JUDGMENT
VAN LARE J.
(His Lordship referred to the facts and continued).
As we have already pointed out, it was dark, and there was no evidence how exactly the gun went off. In other words, the evidence is not clear as to the actual circumstances when the gun was fired and caused the harm from which the deceased died. The medical evidence shows the cause of death to be the destruction of the greater part of the heart by gun shot. No doubt the circumstances were such that it can reasonably be inferred that the wound from which the deceased died was the result of a discharge of the gun which the second appellant was carrying at the time. In the absence of direct evidence, however, it can only be a matter of conjecture whether the truth be that the gun was aimed at the dead man (or that deceased was otherwise shot at in circumstances from which it might be inferred that the act was intentional) or that the gun went off accidentally and without negligence by the carrier, or that it was due t…