VOLUNTARY - Willingly; done with one's
consent; negligently.
To render an act criminal or tortious it must be voluntary.
If a man, therefore, kill another without a will on
his part, while engaged in the performance of a lawful
act, and having taken proper care to prevent it, he
is not guilty of any crime. And if he commit an injury
to the person or property of another, he is not liable
for damages, unless the act has been voluntary or through
negligence, as when a collision takes place between
two ships without any fault in either.
When the crime or injury happens in the performance
of an unlawful act, the party will be considered as
having acted voluntarily.
A negligent escape permitted by an officer having the
custody of a prisoner will be presumed as voluntary;
under a declaration or count charging the escape to
have been voluntary, the party will, therefore, be allowed
to give a negligent escape in evidence.
