Prosecution for manslaughter by automobile as a result of collision between defendant's truck, which left restaurant on west side of four-lane divided highway and, seeking to use a crossover to reach northbound lane, turned north into southbound lane, and automobile in which victim was a passenger and which was, to pass another automobile, traveling in easterly southbound lane. The Superior Court, Layton, J., held that evidence established that defendant's negligence in traveling wrong way under circumstances had been sole proximate cause of accident.
Defendant adjudged guilty.
Herbert L. Cobin, Chief Deputy Atty. Gen., for the State.
Ernest V. Keith, Dover, for defendant.
Defendant was indicted for manslaughter by automobile as the result of a collision between his truck and an automobile on March 28, 1955, as the result of which a passenger in the automobile was killed. Trial by jury was waived.
I find the following facts:
(1) On the evening of March 28, 1955, between 8:00 and 8:30, defendant, Stanford Justice, was driving a tractor with an open trailer loaded with lumber north on U.S. 13, a dual highway.
(2) About 3 1/2 miles north of Smyrna, he drove over a dirt crossover to a small restaurant on the west side of the dual highway to seek information about the way to Rome, N. Y.
(3) His truck was 44 ft. long overall and well lighted both front and sides.
(4) As he crossed the southbound lane of Route 13, he swung his truck in a sharp circle
to the right so that it ended up pointing east at the dual highway and sat just south of the restaurant.
(5) To the south of him, probably 30 ft., was the crossover he had just used. To the north, about 100 ft., was another crossover. About 400 ft. north of this latter crossover there was a fairly sharp curve in ...