NEGLIGENT DRIVING

Evening Post, Volume CXVIII, Issue 23, 27 July 1934, Page 4

NEGLIGENT DRIVING

INSUFFICIENT LOOK-OUT

SEQUEL TO CROSSING SMASH

' {'By Telegraph—Press Association.) ' - . / . AUCKLAND,. July 26. On. a.charge of negligently driving a motor-car so as to cause death, Frank Impey, aged 40 (Mr. Allan Moody)* was today, found ■guilty by a-jury! in the Supreme Court, with a strong recommendation to.mercy. Mr. JusticeHordmanj wno conducted tho trial, said ho. would certainly give effect to the recommendation. —"'■ ' ■! Impey was the driver of a cay with three passengers -which was struck by. an express train from Opua at the. Wai takere. lever crossing on March 33; Two of. the occupants-: of- the car,- Charles Manderson and James Higgs, diodfrom thoir injuries while they were' Toeing taken to hospital. '■'.'■ ■ Mr. Meredith, Crown-Prosecutor, appeared for the Crown; Mi1. ■Justice Hqrdman drew tho attention of the jury to the- statute which made a person criminally responsible if by his own. negloct in driving a-motor vehicle,.he caused the death of some one else. The legislation had been passed in: theinterestsof the-safety of the public." It was said by the Crown that the' accused. did not keep a proper look-out and did not have his car under proper control, "This man' was,bound in his own interests and in the interests of those in tho ear with him to keep a sharp look-ont for danger at this crossing. The jury was entitled to conic to the conclusion that ho had a fair view of tbo lino for a considerable distance," the Judge said. ' . ■• , :, ■ He-added that he did not Unowthat the speed of tho-train had anything to 4p -with.- it...''Tho- Eailway Department,: I suppose,' 1' he-said, "is eutitlod^-sub-ject to its own regulations, to travel at what speed it likes." , \Vhe» a motor driver approached a railway crossing he might expect a train to be approach ing at a high rate of speed. If they wore going to limit vp.ilway speed they might aB well take the trains off the lines altogether; it would take two dayß to go to Wollington instead of XS.hPura. It \yas-a motorist's d.uty to keep a.'proper lookOut in. such circumstances as those of;the present casQ, "and. the simple question for the jury .to"-:decide was vvhether tho aceusod did so,' V .: ; The jury was absent for slightly over two hours before delivering its verdict. The jury added a rider asking his Honour to direct the attention .of the railway authorities to tho uo"eo?sity for having warning signals at all'crossings.