The Guardian And Evening Star, with which is incorporated the West Coast Times. TUESDAY, NOVEMBER 14, 1929. NEGLIGENT DRIVING.

Hokitika Guardian, 14 May 1929, Page 4

The Guardian And Evening Star, with which is incorporated the West Coast Times. TUESDAY, NOVEMBER 14, 1929. NEGLIGENT DRIVING.

I The many motoring accidents resul.- , ing of late, and the series of unforj tunate lata.ities which have been re-, corded, have drawn special attention to negligence m driving as the primary cause of tne accident. There are different views 'regarding negligent driving,'• even 'the judges who are presiding at criminal ■.charges in respeut to latal,i Lies, have varying viewpoints. Also, where juries have found prisoners guilty of negligence there is the disposition to treat the ! barge as lightly as possible, and mercy is asked for. From suck a lead the presiding judge has in two recent instances dealt very lightly with tiie offenders, thus in itself minimising the degree of negligence very materially. At Palmerston North last week, Justice Ostler, in ' commenting on a charge against a young man of recklessly driving a ear, thereby causing tne death of his brother, said: “Iso limn should be put on a criminal charge of negligence unless it is of a gross character. It is quite wrong for a man to stand his trial because a human life has been lost through his inaccuracy. Gross neglect means something more than an error of judgment.” Referring to the evidence iiis Honour said that although the fact that accused’s car continued over the hank might he regarded as corroborative evidence of excessive ' speed, the actual impact' assisted. Two speeds, added together, if sufficient to tear off the bumper of a car, might be quite sufficient to upset the steering gear ol a light car. The question was whether the other party could accurately observe and record accused’s speed. If that were considered impossible—and that seemed to be the only evidence of negligence—accused should - not have to stand his trial. If the version given by the other party were thought reliable as indicating excessive speed, then a true In’ll should lie relumed. The grand jury returned no bill. On the same day at Auckland Supreme Court, there were four charges of alleged negligent or reckless driving so as to cause death. In his charge to the grand jury. Justice Kennedy made special mention of the new statutory provision for dealing with cases concerning motorists, and commented on the degree of caution that might reasonably be expected of drivers on the public highways. The charge as it was laid against the accused. ex-, plained his- Honor, was a now statutory offence, replacing charges that formerly came under the heading of manslaughter In each of throe eases for consideration the person accused was the driver of a motor car. Tn the remaining case lie was a. motor cyclist. “What is negligent driving?” asked liis Honor. “Tt is driving without taking that care which the ordinary, careful motorist, would use when flriv-

ing cn the open highway. The standard of care is the standard which the onuiiiairv man , reasonably regard'd lor bis fellows, would use when driving. The motorist is not hound at iiis peril t: use every conceivable care. , ic most, b .never, ('xerci.se that degree of care which me ordinary, carelul ..ml roasonab e man wmiul use in Liu? •ir u.i.stances. He il.cs not fail in bis duty ii he notice.s to e.vore.se that ■are uiii It the unduly fussy individual may exercise. The test is. that stand.rd of cere which the ordinary, reami.i tie man would exert iso. Nei.iier i e.s it iVl.ow that heeaji.se tiiere lias been a death that the survivor is leressariv a reckless or a negligent Liver. You have to consider then lie cir urn,stances of each case, and on will he ear Id to apply as lar as .ani can ilie proper standard, namely. Ihe standard of tare of the ordiu :rv. rea.sonable man. You will rot ■iiitke Hie standartl too low, and you ■rill he (•••ireful not f * make it too high, simply because there has been an accident.'’ In those ins aliens it void'd appear the bench <•! flit l (loulit ' ‘Os largely to the offending motort, which is in keeping with the symjulhv of the jury for the mo'orisl duml guilty, hut recommended to the mercy of the presiding justice in passing sentence. "Each ease of course must be judged oil its own merits, and ■ircuinsLanco.s. Accidents happen of'.en very simp v even with the m st careful, hut there is often obvious reckessness in speeding and in undue haste in traversing crossings without .hat degree of care essential to safety. Pedestrians are often at a risk ir •molt instances by drivers failing to round the horn' when approaching street intersections. This is noticeable Leniently when high speed it tilliii adieu. Failure to observe the ■cgulatod speed or to sound the hum In such eases, suggests negligence obviously, an.l (Livers mnclisp ixod to a king tho e risks should review their ■: sit on in their own mind if they im n.buiinalo enough to participate in a eri jus accident. There is the special nus on drivers of swiftly moving vehicles to e. orcise extreme care at all hues, and unbss they do so there is ionic degree of negligence to he eharg:u if an accident results.