FOR TRIAL

Ashburton Guardian, Volume 55, Issue 296, 27 September 1935, Page 3

FOR TRIAL

ALLEGED NEGLIGENCE CASE.

CAR COLLISION NEAR TIMARU.

(Special to the “Guardian.”) TIMARU, .September 20

An accident at Rooney’s Hill, near Kingscfown, South Canterbury, on July 11, in which one of the motorcars involved in a collision took fire and after which Samuel Kingston died, was described in tho Magistrate’s Court at Timaru to-day, when Thomas Vincent was charged with having, at Kingsdown on the date mentioned,negligently driven a motor-car on the main Timaru-Dunedin road, with failing to keep the car as near as practicable to the left of! the centre line of tiie road, and with negligently driving a car, thereby causing the death of Samuel Kingston. Mr M. Raymond appeared for defendant, who pleaded not guilty. Mr G. R. Orr Walker, S.M. was on the bench.

Alexander D. Boyle, director of Pyne, Gould, Guinness, Ltd., gave evidence that he visited the Morven district on July 11 in his car, which also contained Samuel Kingston, of Fairview, and M. S. Turton, stock buyer, of Ashburton. Mr Kingston was in the front seat with witness, who drove, and Mr Turton was in the rear seat. At Rooney’s Hill, on the way hack to Timaru, about 6.30 p-.m. lie saw the lights of a car approaching. He was on his left side of the road and was driving at about 35 miles an hour. He dipped his lights and kept his eyes on the left side of the road. When he looked up he saw the other car almost on top of him, and the next moment what was practically a head-on collision occurred. The other ear burst into flames. Mr Kingston had a leg broken and was cut on the face and head. On the way in from Morven the party stopped at the Makikihi Hotel. Doctor’s Evidence. Dr. W. H. Unwin said he attended Mr 'Kingston in hospital alter the accident and at Mr Kingston’s home, when he appeared to be progressing satisfactorily. However, he died on August 12, when he complained of indigestion and of being unable to sleep well. A post-mortem examination disclosed that death was due to a clot of blood in all probability coming from the site of the injury. Melville Stavely Turton, who was a passenger in the car driven by Mr Boyle, said that when he noticed the approaching car it was on its incoirect side of the road on the way downhill. One of the party, of which he was

a member remarked on this. Immediately after the impact, the driver ®f the other car, V incent, was seen lying on his back with his legs slightly under his own car, which caught fire. He was certain that Mr Boyle’s car was on its correct side. To Mr Raymond, lie said that had Mr Boyle moved oyer to the left his car would still have been struck. He thought that Mr Boyle bore to the left when the oncoming ear was oU vards off. Patrick Leo O’Connor, labourer, Pareora, said that Vincent, who was driving tho other vehicle, left Timaru about 5.45 p.m. Calls were made at tho Shamrock Hotel, and later at the Terminus Hotel. At Rooney’s Hill the car would bo travelling about 30 miles an hour. At the top of the hill he saw the lights of another car approaching. Seeing the glare of the lights just before the impact, witness put his head down. The brakes were applied immediately before tho accident. Replying to Mr Raymond, the magistrate said that in the absence ot further evidence, lie would be obliged to hold that a prima facie case had been made out, and would have to commit Vincent for trial. Mr Raymond said his only witness was Vincent himselt. Case for the Jury. The magistrate said that as Vincent’s evidence would no doubt be contradictory, it was proper that the case should go before a jury. Mr Raymond said that certain comments had been made on the case by nn officer in a public position, and he

felt that these had to some extent prejudiced his client’s case. The Magistrate: I have not seen the comments and I do not know wheth -i they are justified or not. Mr Raymond said ho desired to enter a protest and would bring up the matter when the case came before the Supreme Court. Vincent pleaded not guilty and reserved his defence. He was committed for trial at the next sitting of the Supreme Court on an indictable charge, bail being fixed at LIOQ, on condition that he reported weekly to the police. The other charges weic stood over.