NEGLIGENT DRIVING ALLEGATIONS

Stratford Evening Post, Volume II, Issue 21, 17 August 1932, Page 2

NEGLIGENT DRIVING ALLEGATIONS

TRIAL OF CIVIL CASES SUGGESTION OF CHIEF JUSTICE Press Association. —Copyright. CHRISTCHURCH, Tuesday.— A suggestion that a Judge and two assessors should try civil actions in which negligent driving of motor vehicles is imputed, was made by the Chief Justice, Sir Michael Myers, in the Supreme Court today. Sir Michael drew the attention of the Grand Jury to the fact; that cases had occurred when one jury (on a criminal charge) had declared by its verdict that the accused was not guilty of negligence while a second jury (in a civil action) had declared that lie was. Both verdicts, said his Honour, could not be right. Attention was drawn to the large percentage of cases in which motor accidents figured. There were no fewer than nine separate cases at (be present sessions in which two persons had suffered bodily injury and seven had mot their deaths, and this was typical of what was occurring in varying degrees throughout the Dominion. "it is fair to say that .most collisions are due to the negligence of one or the other, or both, of the parties concerned," Sir Michael said. "Few are due to what is called an inevitable accident without negligence on some one's part." After referring to (lie different verdicts returned by criminal and civil juries, his Honour added: "If may he that the jury in a civil action is influenced, subconsciously if you like, by its knowledge of the compulsory insurance provisions of our State Act of 1928, but whatever reason it is indisputable that there is an injustice somewhere. It is difficult, I know, to find a remedy but I believe that it can be found." Tho Chief Justice then proceeded to make a suggestion to the effect that civil actoniishgm mbmp ykwpppp civil actions might be tried before a judgo and two assessors, one appointed by each parly.