NEGLIGENT DRIVING?

Manawatu Herald, Volume L, Issue 3940, 9 May 1929, Page 3

NEGLIGENT DRIVING?

A .JUDGE’S DEFINITION. Auckland, May 7. Of the 1C indictments to be considered at the quarterly criminal session of the Auckland Supremo Court which opened to-day, four relate to alleged negligent or reckless driving, so as to cause death. In his charge to the Grand Jury, Mr. 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 public highways. He said the charge it was laid against the accused, was a new Statutory, replacing charges that formerly ealme

under the heading of manslaughter. In each of three cases for consideration, the person accused was the driver of a motor car. In the remaining case lie was a motor cyclist. “What is negligent driving?” asked His Honour. “It is driving without. taking that care which an ordinary careful motorist would use when driving on the open highway. The standard of care is the standard which an ordinary man, reasonably regardful for his fellows, would use when driving. The motorist is not bound at his peril to use every conceivable care. He must, however, exercise that degree of care which an ordinary careful and reasonable man would use in the circumstances. He does not fail in his duty if he neglects to exercise that care which an unduly fussy individual may exercise. The test is that standard of care which an ordinary reasonable man would exercise. Neither does it follow that because there has been a death, that the survivor is necessarily a reckless or negligent driver. You have to consider, then, the circumstances of each , ease, and you will be careful to apply, as far as you can, the proper standard; namely, the standard of care of an ordinary reasonable man. You will not makei the standard too low and you will be careful not to make it too high, simply because there has been an accident.”