Los Angeles herald., 1910-01-18

In Motor Print for January is an eX-
cellent article upon the subject of
Reckless Driving" and being so full
of good meat is reproduced in The Her
aid columns this morning. The article
is given in full and will be found
profitable reading.
In view of the fact that automobile
legislation will soon again occupy the
attention of various state legislatures
throughout the country, and consider
ing also that a special effort will be
made this year to put stop to reck-
less driving, it is particularly fitting
that it should be known of what creek
lessness" consists.
The most important business of the
coming session of the New York state
legislature is to enact a suitable motor
vehicle law which will materially re-
duce the number of fatalities caused
by the operation of automobiles on the
city streets and public highways. Since
New York state was the pioneer in the
enactment of motor vehicle regulations
in this country, naturally something
very good in the way OF legislation
on the subject is TO be expected. 1t
is RECKLESS" driving that is sought to
be eliminated therefore We must con-
slider what "recklessness'' consists of.
lessness' is Synonymous with heed
lessness" and indifference" as, for ex-
ample, a chauffeur who drives his au-
tOmobile across the streets OF a large
city, with indifference as to whether a
party may be injured or not. See Lake
Shore & NJ. S. r. Co. VS.. Bodemer, 30
n. e. 692, G97; 139 Ill. 596, 80 Am. st.
Rep. 21S.
The term is somewhat indefinite in
its meaning. Mcdonald VS.. Interna-
tiOnal & G.. N. Ry. Co, % S. w. 939,
949; Sc Tex. 1; 40 Am. st. Rep. SO3.
"Recklessness," in a moral sense,
means a certain state of consciousness
with reference to the consequence Of
ones acts. No matter whether de-
fined as Indifference to what those con-
sequences may be, or as a failure to
consider their nature or probability as
fully as the party might and ought to
have done, it is understood to depend
on the actual condition of the individ-
uaPs mind with regard to consequences,
as distinguished from mere knowledge
of present or past facts or circum-
stances from which some one, or every
body else, might be led to anticipate
or apprehend them if the supposed act
were done. Comm VS.. Pierce, 1873 Mass.
165; SO Am. Rep. 264. The word does
not mean intentional and is not equiv
alent thereto. Kansas City, NJ. & II.
r. Co VS. Crocker, II South, 262, 269, 95
Ala. 412.
Stronger Term Than "Negligence'-
"Recklessness" must be distinguished
from negligence" It is a stronger
term and implies the doing of an act
with Indifference. Kansas Pac. Ry. Co
vs.. Whipple, Is. Pac. $50, 735; SO Kan.
531. Louisville & N. r. Co. VS.. Anchors,
% South. 279, 2S1; ia Ala 1922 90 Am.
st, Rep. 116. Louisville & n. Il. Co. VS..
Orr. 26 South. 80, Al; 121 Ala. 4S9
Highland Ave. & b. r. Co. VS.. Robin
son, 2S South. 2S, 80; 125 Ala 4S3.
As Meaning "Wantonness''- one
case it is said that RECKLESS" does not
import wantonness. Richmond & D. r.
Co VS.. Farmer. 12 South. Sc; IS: 81 Ala
141. But in Times Pub. Co. vs.. Carlisle
"a Fed. Rep. 762, 773, it is said that
''recklessly' signifies with a wanton
disregard of all consequences and hence
the violation Of all rights. The term
does not imply willfulness, however
Cleveland etc. r. Co. VS.. Tartt, 81 Fed
Rep. S2S, S25. Johnson vs.. State, .
South. $50, $40; 92 Ala. 50. Dull VS..
Cleveland etc, r. Co, So N. e. 1913,
1015; q Ind. App. 81.
We will now turn to a consideration
of dangerous driving generally.
What Is Dangerous Driving Con
duct may be dangerous or not, accord
ing to the persons considering it and
sitting in judgment. A woman may
be afraid of a mouse, yet it is not dam
gerous. Walking along an electric rail-
road near a deadly third rail may not
be dangerous to the electrical engineer
employed by the road. So it may be on
the public highways; conduct which is
dangerous to some persons may not be
dangerous to others. That which would
be dangerous to an inexperienced
traveller on the public thoroughfares
may not be dangerous to the expert
automobile driver who has been accus-
toned to driving through traffic and
congested districts.
Dangerous automobile driving can