DRIVER ON TRIAL.

Auckland Star, Volume LXX, Issue 247, 19 October 1939, Page 6

DRIVER ON TRIAL.

WORKMAN'S DEATH. NEGLIGENCE ALLEGED. EVIDENCE FOR DEFENCE. Charged with negligently driving his motor truck, thereby causing the death of Patrick Daley, a workman, on the road at Pilbrow's Hill, near Waipu, on July 3, Frank Brooks, a showman, was defended by Mr. Turner in the Supreme Court to-day before Mr. Justice Callan and a jury. Evidence has been led by Mr. G. S. R. Meredith, for the Crown, that, driving his truck from Whangarei, accused had been unable to get past an excavator working at a slip on a steep part of Pilbrow's Hill, with the result that the truck had run against the roadside bank and turned on its side, fatally crushing a workman.

The accused would give evidence that there was no warning notice board on the road near the accident, and that he was unaware that the brakes on his truck were deficient, said Mr. Turner in opening the defence. A man who "was on the truck with accused woifkl testify that he had occasion to go up the road immediately after the accident, added Mr. Turner, and would say there was then no notice board there indicating that men were working on the road ahead. Accused would testify that lie. had not known at the time of the accident that his brakes were bad, and, failing such knowledge, the charge of negligence could not be legally held against him.

In his evidence accused said that when his truck was in a garage at Warkworth the week before the accident he had some conversation with the foreman about the hand brake, and was assured the brake would be fixed "as good as gold."

Cross-examined by Mr. Meredith, the witness insisted that his evidence ill resjiect to the brakes was true, despite the fart that it differed from that of the foreman in the Warkworth garage. Frederick Vallis, who was 011 the truck with accused, gave evidence 011 the lines of counsel's opening. The jury retired at noon to consider their verdict.