ON OPEN ROAD

Evening Star, Issue 21639, 7 February 1934, Page 12

ON OPEN ROAD

MOTORIST RESPONSIBILITY DISCUSSED [Per United Press Association.] PALMERSTON N.. February 6. Motor driving procedure along open roads was the subject of comment by Air Justice Blair in-the Supreme Court in his charge to the grand jury when referring to the case in which James Henry Burrell . was charged with negligently driving a car on Milson’s line on November 20 and causing the death of Albert William Brungar, a motor cyclist. His Honour said that the accused was during along a gentle curve about the middle of the road. His off-side wheel was ISin over the centre of the road towards the right. So far as His Honour could see that was the only allegation against the accused. Most vehicles on a plain open road stayed about the middle. The question was whether that constituted negligent driving, and his Honour had very serious doubts. The rule of the road was that there was a proper side of the road, but where there was no other vehicle a driver was not bound to stay there, otherwise there would be thousands of prosecutions. There never was any presumption in a criminal case that a driver was guilty of negligence. The fact that a collision occurred was not evidence of that. It had been held by authorities that being on the wrong side was often no more than a cause sine qua non of a collision. Excessive speed and a faulty look-out wore of far more importance. The motor cyclist, who had no light, could certainly have seen the car before the driver of the latter saw him. The grand jury, after two hours, returned no bill.