FOUR MOTORISTS FOR TRIAL

Sun (Auckland), Volume III, Issue 656, 7 May 1929, Page 1

FOUR MOTORISTS FOR TRIAL

Judge's Remarks on Negligence

CRIMINAL SESSIONS OPEN

Reasonable Care Must be Used

"A OTORIS T does not fail in his duty if he fails to use il that care which an unduly fussy man would exercise,” said Ins Honour Mr. Justice Kennedy in his charge to the Grand Jury at the opening of the Supreme Court criminal sessions this morning. As four of the 16 indictments before the court concerned motor fatalities caused, it was alleged through neglig nice, his Honour made observations to aid the Grand Jury in its consideration of the indictments.

TN referring to these cases, the judge said that three of the accused were drivers of motor-cars? while the fourth had been the driver of a jrotor-cycle. The charges against them were of reckless or negligent driving thereby causing death. Formerly the charge in such cases was one of manslaughter, but five years ago provision was made for a new statutory Offence, the maximum penalty for which was comparatively small wheu compared with the old charge. In these cases it. was necessary to consider what constituted negligence. In answer to this it could be said that negligence consisted of driving a car without that care which an ordinary, reasonable man regardful of his fellows, would use on the highway. A motorist was not bound to use every possible care, for the standard of care was only that of the ordinary man. Kis Honour went on to say that because there had been a death, it did not necessarily follow that the driver had been negligent.

Kach case had to be carefully considered and the ordinary standards applied That standard must not be too low% uor must it be too high. CASES FOR TRIAL In his general charge to the Grand Jury, his Honour said there were 16 persons indicted, eight of them being charged with sexual offences. Two others were or theft and false pretences, and two wero of assault causing actual bodily harm. The Grand Jury was:—Henry Beaumont Burnett (foreman), Benjamin Charles Cbilwell, William George Cain, Frank Martin Winslone. John Ward, George Tutt, Alfred Thompson, John Oliver Sims, Mortimer Schroff, Kenneth McKinley Rutherford, John Jesse Rich, Alfred Andrew Martin, Russell Knox, Benjamin Charles Laird, John James Kingston, Archibald Hallett, Albert Ernest Ford, Alfred Thomas Dow, Herbert Richard Craig, George Henry, Edward Collins, and Sydney Southwood Clark.