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Show comiTjno. J1SE0IECGE FOR CQTfleiST Oscar Martin, Whose Auto Au-to Killed Girl in 1S22, Must Senre Six Months' in Prison t . ." Oscar Martin, wha oa May It. ran over and killed Clarfce Pyper Anderaon, Martin driving at a apeed exceeding twenty-five mllea per hour over a croealng. fnuet serve hla Jail sentence, the supreme court In an opinion written by Chief Justice A. J. Weber, affirming tha decision of the lower court which found blm gutlty and sentenced him to six months In the county tall. Martin appealed from tha verdict of tha lower court. In affirming tha opinion of the trial court. Chief Justice Weber oiled the killing thus: "Clarice Pyper Anderson waa killed by being atruck by a car driven driv-en by appellant en the evening f May I. 1031. The accident occarred at the Intersection of Third South and Eighth East streets. Bait Lake Ctty,.both atreets being much traveled. trav-eled. With Martin in tka automobile automo-bile were one mala and two female companions. The accident happened hap-pened at 1. 10 In the evening. It waa raining and ths -paved etreet waa wet and slippery. Immediately prior to the accident a streetcar had stopped at the interaection. . CRASH KILLED 0IRL, j "While appellant was traveling west en Third South street, at a -rate of at least twenty-fivs miles per hour, he ran fnto and collided with a can driven by lr. Eardley. who -waa proceeding south on Eighth East street. Aa the reetilt of this collision Martin's ear swerved to the south and west, killing kill-ing Mlea- Anderaon, who hed been alandlng on or near the curb on the south aide of Third South street Tha atate' a witnesses testified that a tha ttme of the collision Martin was driving ajt a speed of between thirty and fortv miles per hour, and tha several witnesses were corroborated corro-borated by the fact that after the collision tha appellant's car ran flt-tv-one feet to the aouth curb of Third South, along the curb ftfteen feet, then climbed tha curb and ran twelve feet oa top of It, and thence down again and across to the north aide of the street. In all a distance of 211 feet, before tha car waa finally fi-nally eteppeel. "Appellants criminal negligence Is cleerly established by his awn leetlmony. At that place, with the pavement wet and ahppery. with a streetcar at the Intersection, and under all the attendant clrcum-atancee, clrcum-atancee, twenty-five mllea per hour was a recklees and dangerous rate of apeed and It was this siievd that waa the proximate eaoea of tha accident ac-cident , OHIO CASE CITED. , Chief Justice Weber then cites ths case of the state against Schaefer In I Ohio, which concludes thua: -The day has long been here when the authorltlee should exercise every power ander every law of the atate to protect the safety of the public, Ita life. Its limb; and In order to meet every poaaihle situation of danger, some such general comprehensive compre-hensive and elastla statute as Sec. H 401 (which Is substantially that of Utah) Is absolutely necessary. Tha careful conservative driver need have no fear of It. Tha reck -lesa. wanton apeed maniac naeda to he kept In fear of It. Tha life of the humblest rltlsen must bo placed above the gratification of tha motor maniac who would turn tha public highways IMS a rare course. Mere civil llabllltlea are not sufficient to protect the public' Five dollars and costs Is a Joke In most cases. -What was said by thla court In Stale va Lake. 67 Utah p . may well be repeated here: ..a far aa the writer la Informed, there haa thua far never been -a conviction In the state of I tah followed by punisn-ment punisn-ment for the killing of a human being be-ing In an automobile accident, notwithstanding not-withstanding scores of people havs been thua killed, and, no doubt, many of them because of gross and Inexeueahle negligence. As long as the owners of aotomohllea oafl protect pro-tect themselves by Insurance against the eoneequencee of their awn, or their drivers' .negligence, Just so long, wa may rest assured, mere civil remedies will have little or no effect In preventing the almoat dally occurrence of these unfortunate accidents ac-cidents with their direful reeulta. A rigid enforcement of the criminal law In such cases where criminal negligence can ba establlahed seems ta be the moat effectual remedy that can ba adopted.' . -Judgment la affirmed." |