CLAIM TO FOLLOW.

Auckland Star, Volume LX, Issue 216, 12 September 1929, Page 8

CLAIM TO FOLLOW.

motorist prosecuted.

dangerous driving charge

SMALL BOY INJURED.

A statement that a claim for £300 would follow the prosecution was made by Mr. King in the Magistrate's Court yesterday during the hearing of a charge of dangerous driving against Nathan Wolfe. The charge arose from an accident in which a child of two years, John Peter Smith, was badly injured in Norfolk Street, Ponsonby. Sergeant Campagnolo prosecuted, and Mr. Terry appeared for Wolfe. Mr. King represented the parents of the child. The case was opened a week ago, when the evidence for the prosecution was taken. The father of the child, John Henry Smith, said that his boy was crossing the road from his own home to twit of his aunt, who lived opposite. It was when he was near the far side that the car, which witness thought was travelling between 35 and 40 miles an hour, struck him. The car was on the wrong side of the road. The injuries received by the child were to the thigh and the head and face. A further statement that the car was travelling at 35 to 40 miles an hour was made by Mrs. F. A. Carter, the boy's aunt, who said that she was standing at the front of her house, watching him cross the street.

The father was not in a position to see how the car came down the road or liow fast it was travelling, contended Mr. Terry, as he had admitted, under cross-examination, that lie did not see the car until after it had struck the child. Also, Mrs. Carter had said that she did not see the car until it was about 10ft from the boy. According to the father, eight seconds was sufficient even for a child to cross the road, and he would have this time, as no vehicle was in sight when the boy left the gate. There was a clear view of iOO yards up the road. The evidence for the defence, stated Mr. Terry, would show that the boy had turned, and was running back to liis father when lie was struck. The defendant, in evidence, said tliat his speed was 20 miles an hour, and that he was travelling along the middle of the road, if anything, a little to the left, the correct side. He first saw the boy when lie sprang on to the road, and he s\\ erved to avoid him, stopping further down the street. The child had been struck by the right rear mudguard. In reply to Sergeant Campagnono, Wolfe said that lie did not knock the child down; the boy ran into the car. The car was only a few feet from the boy when he ran on to the road.

Thomas Irons Fish, wlio was a passenger in the car, also said that its speed was 20 miles an hour. The child suddenly pot up from where lie was sitting in the gutter on the side of the road in front of Mrs. Carter's home, and ran across. Witness thought that something or someone on the other side of the road had attracted his attention.

When all the evidence had been heard, Mr. King submitted that if a decision were given, it might influence the claim for £300 if it were heard before a jury. If the case were heard before a judge, it would, of course, be immaterial.

The magistrate, Mr. E. C. Cntten, said that he would reserve his judgment until the claim had been heard by the Supreme Court.