The Motor Vehicle Act And the Highway Travel Act

Cover The Motor Vehicle Act And the Highway Travel Act
The Motor Vehicle Act And the Highway Travel Act
Charles Howard Widdifield
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, c. 49, s. 13.
" Owing to the presence of a motor vehicle on a highway " : see notes to section 23, post.
In Henderson v. Northam, 16 Pac. 1044, it was held that the fact that the driver of a motor vehicle violates the statute by not stopping after the accident and giving his name to one injured is not to be considered on the question of negligence 60 MOTOB VEHICLES.
in causing the accident. But in Ex p. Kneedler, 243 Mo. 632, it was said that flight may be evidence of guilt. The fact that the
... driver does stop and disclose his identity is, of course, no evidence of guilt, but rather of innocence : State v. Davis, 108 Mo. 667. Perhaps a better statement of the law would be, that where one does a duty incumbent upon him by statute, no inference of either guilt or innocence should be drawn therefrom.
Where the owner of a motor vehicle is prosecuted under section 24 for a violation of the provisions of section 18, the intent of the accused is a material element of the offence. Thus, where the accused after collision on the highway waited for a considerable time at his own automobile which was disabled in the accident, and then sent another man back to the place of the collision with instructions to disclose his identity, his conduct may be a sufficient compliance with the statute, although the agent fails to make the disclosure: Commonwealth v.


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