Los Angeles herald., 1910-01-18
Reckless Driving

only be determined to be such by refer
enCe to the common law as announced
by the decision of the courts. What
the automobile driver should or should
not do under certain circumstances can
only be ascertained from decisions of
the courts of America and England as
to what the driver of vehicle should
or should not have done under similar
circumstances, or by asking if in the
particular case the driver acted as a
reasonable man would act under like
conditions
Negligence vs.. Dangerous Driving
At the outset let it be said that dan
gerous driving is negligent driving, and
vice versa but dangerous driving may
be something more than negligence.
Negligence may be defined to be the
omission of something which q reason
able man would not do; in either case
causing mischief or apprehension to q
third party, not Intentionally, for if
there is an intentional wrong then it is
not negligence. Intentional dan
gerous automobile driving is something
more than neglect or the failure to eX-
ercise due care, and this is of vast
Importance for the automobilist to keep
constantly in mind.
1T would perhaps seem at first
thought that an automobile could only
be driven dangerously in case there are
other persons besides the driver of the
motor vehicle upon the highway, to-
ward whom danger must be directed
or that there must be somebody's prop
erty subjected to danger. In other
words, can there be dangerous driving
unless there be either person or prop
erty subjected to hazard? Undoubted-
1N~ t1ar ha 60. ,Y,Ia
automobilist should drive through the
streets of a citv in a congested dis
trict at midnight. the mere fact that
there are no people on the highway at
the time would not make his driving
lawful. The liability of people being
there, or suddenly appearing, would be
sufficient to make the driving danger
Gus. within the meaning of the law.
Then. again, the question of speed
might not have anything to do with
the question whether automobile driv-
ing is dangerous. A person who drives
an automobile carelessly, although
going at n rate of speed of three miles
an hour, for instance, may be guilty of
dangerous driving; or. if the driver is
intoxicated the driving might be said
to be dangerous per Sc. 1t may be
that it would constitute dangerous
driving for an automobile to stand alb
sOlutely still on the highway under
circumstances which would require it's
driver as a prudent man, to drive
ahead. Such conduct would not, per-
haps, come technically within the term
driving and would be included more
properly under the designation of man.
agement of the machine. However, it
has been held that person riding in a
carriage may be said to be driving
the vehicle, within the meaning of our
automobile laws. (See State V. Good
win, 50 n. f. Rep. 459.) Right here it
may be suggested that it would be well
if automobile legislation would use the
term management in connection with
the word driving so that the stop
ping of a machine. or leaving it on the
highway for meddlers to interfere with
it. would be included.
Criminal Aspect of Dangerous Driv-
ing-Shocking as the statement may
seem, it is, nevertheless, the old COM
mon law that if a man drives, reck-
lessly a powerful vehicle into a crowd
and kills person, it may constitute
murder, for if the person driving saw
or had timely notice of the mischief
likely to ensue, and yet willfully drove
on, his offense would be something
more than mere manslaughter. In such
case the presumption of malice arises
from the doing of a dangerous act in
tentionally. and there is the heart re-
gardless of social duty This may be
said to be the most serious and afro
cious aspect of dangerous automobile
driving which may exist under very
peculiar circumstances. What comes
nearest to it is the conduct of an au-
tomobile driver fastening away after
killing a victim without stopping to
investigate the result of his act. Also
engaging in racing on the public high
ways which results in death has a SIM
liar aspect, since killing is done while
in the performance of an illegal act"
See Huddy, Law of Automobiles cd
Ed pp. 1872, 1873.