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 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."(4 Blackstone's Commentaries 192;(1664)kel 40-Cross and sons R 145)