The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1914-12-26
AUTOMOBILE Law
Supreme Court in Decision Practl-
calIy Regulates the Driving Of Cars

In decision ON a case brought to i
from the circuit court Of Wayn,
county the supreme court OF tnii
stNte fixed the law in connection Will
thepriving of automobiles in manner
that cannot be misunderstood. Thi,
decision is mighty important and
should be read carefully by every one
/ OF our readers Drivers should olip
the article and paste it in their hats.
Briefly and practically speaking.
the first duty of an automobile driver
in Michigan is to look out Tor the
fety OF those la the street or road.
His own safety, broadly speaking, is
q secondary consideration. The opinion
goes further than any ever emanatinR
from the court in civil automobile
case. Il was partly touched upon in
criminal case decided last summer
from Ingham county, but the strictest
OF orders are now imposed upon an
automobile driver for the first time
The case before the court was one in
which Frank Winckowsky, nine
year old boy was injured in Detroit,
Nov. 30 1913 by "pick up car.
The case never went TO the lower
court Jury. The supreme court has
reversed the action of the lower court.
ordered now trial and in 80 doing
delivered general lecture on the
operation of automobiles in Michigan. :.
The new rules, as outlined by Judge
Steere. who wrote, the opinion, are
based on decision of the united
States court OF appeals, New York.
The rights oi the automobile driver,
as outlined ,thepe., are read into Mich
igan law by the opinion and are as
follows
No owner or operator Of an auto
mobile is therefore exempt from
liability for a collision in public
street by simply showing that at the
time Of the accident he did not run at
a speed EXCEEDING the limit allowed
by law or ordinance he still remains
bound to anticipate that ne may meet
persons at any point In public street,
and he must ke sp a proper lookout for
them and keep .his machine under sucn
control as will enable him to avoid a
collision with another person, 80
using proper care and caution. IL
necessary ns mnst slow up and even
stop No blowing of horn or whistle
is sufficient, il the circumstances
demand that the speed should be
slackehed. or the machine be stopped
and. such course be practicable TO
him. Every such operator of an auto.
mobile has the righr- 10 assume that
every person whom ne meets will
also exercise ordinary care and
caution according to the circumstance
and will not negligently or recklessly
expose hImselt TO danger. but rather
make an attempt to avoid it.
In the Winckowsky case. the boy
Inmped from moving wagon in
front Of the automobile In order TO
preyent collision the auto driver
had tnrned to the wrong side of the
road aud struck the boy. who was
headed for the right hand curb IL is
the switching from tho right to the
wrong side OF the street which puts
the automobile driver in bad plight
with the court Such move is
practically held to be negligence in
itself In discussing this, Justice
Steere says
Witness Pierson lanother auto
driver who was close by we'll ex-
pressed the mental attitude OF those
who continue on at a dangerous speed
under such circumstances, rather than
take to checking their cars to safe
control. in his statement 4 suppo 90
he did as many OF us often do. often
run on that side the lett Ct the street
myself ard IL ~ merely game Of
chance
Justice Steere continues III such
a game OF chance only hazarded tho
driver who indulged in tho game. it
might be regarded with conplacency
and sven condoned, but such conduct
is not in harmony with the rule of law
requiring due care TOR the safety Of
others. although. theoretically ex-
plated, as too often occurs. by sub
sequent expressions OF regret at
coroners inquest over an involuntary
victim of the chance.
The Wayne county court held the boy
was negligent in jumping from the
wagon in midstroet This. the court
avs, was question for the jury and
on this point alone the case is reversed
and sent back for new trial