PEDESTRIAN RIGHT OF WAY

Evening Post, Volume CXXIV, Issue 57, 4 September 1937, Page 8

PEDESTRIAN RIGHT OF WAY

That a pedestrian at an authorised crossing shall have right of way over motor traffic and the protection of the law in event of accident was decided in an important case, Bailey v. Geddes, before the English Court of Appeal in July. The plaintiff (and appellant) was crossing a street in North London at a spot marked by Belisha beacons, when he was knocked over and injured by the defendant's motor-car. In the lower Court, when the plaintiff claimed damages, the Judge held on the evidence that plaintiff was as much to blame as the motorist and gave judgment for the defendant. The plaintiff appealed and the higher Court unanimously allowed the appeal, holding that the statutory regulations, which had been made for the protection of the public at these supposedly safe crossings, should be strictly enforced. The regulations were:

(3) The driver of every vehicle approaching a crossing shall unless he can see there is no foot traffic thereon proceed at such a speed as to be able if necessary to stop before reaching such crossing. '

(4) The driver of every vehicle at or approaching a crossing; where traffic is not controlled by a police officer or lights shall allow free and uninterrupted passage to any foot passenger who is on the carriageway at such crossing and such foot passenger shall have --precedence over all vehicular traffic at such crossing.

The Court agreed that the.plea of contributory negligence was fundamentally inconsistent with the basis of these regulations. The case, which was described as one of great public importance, no doubt will have a bearing on the campaign in Wellington to secure a better observance of the regulations governing "authorised" crossings. It would be a pity for the law to be settled here by an accident to a pedestrian at a crossing, for'as "The Times" points out, in a leader on the English case, there is profound truth in the epitaph which is said to run: Here lies the body of William Day, Who was killed disputing a right of way. IHe was right, dead right, as he walked 1 alonft ' But he's just as dead as if he'd been wrong.