“ If a horse or other animal in motion killed a person, whether infant or adult, or if a cart ran over him, it was forfeited as a deodand. On the other hand, if death were caused by falling from a cart or a horse at rest, the law made the chattel a deodand if the person killed were an adult, but not if he were below the years of discretion. Blackstone accounts for the greater severity against things in motion by saying that in such cases the owner is more usually at fault, an explanation which is doubtful in point of fact, and would certainly not account for other instances of the same tendency. ”

“ Thus, where a man’s death is caused by a thing not in motion, that part only which is the immediate cause is forfeited, as “if a man be climbing up the wheel of a cart, and is killed by falling from it, the wheel alone is a deodand” ”

“ Where a man is killed by a vessel at rest the cargo is not deodand; where the vessel is under sail, hull and cargo are both deodand. For the distinction between the death of a child and the death of an adult Blackstone accounts by suggesting that the child “was presumed incapable of actual sin, and therefore needed no deodand to purchase propitiatory masses; but every adult who died in actual sin stood in need of such atonement, according to the humane superstition of the founders of the English law.” ”