FOUR MOTORISTS.

Auckland Star, Volume LXVI, Issue 106, 7 May 1935, Page 12

FOUR MOTORISTS.

NEGLIGENCE CHARGE.

CASES IN SUPREME COURT.

COMMENTS BY THE JUDGE,

Though there were four cases of negligent driving causing death in the 18 indictments presented to the grand jury at the opening of the criminal session of the Supreme Court this morning, the presiding judge, Mr. Justice Fair, stressed that they did not involve the worst characteristic of this class of offence —wilful disregard of a motorist's duty. Even if the grand jury returned true bills in each case, which he thought they would do. his Honor said he thought they would lind that the negligence lay in carelessness.

There was a further similar charge against a motorist, Frederick William Whitaker, in which the judge at the last session had granted a retrial after a disagreement, and this did not come before the grand jury. In commenting briefly on the other case, his Honor said that the case involving .James Killen was an unusual one. The accused started his car in Karangahape Road and it immediately mounted the pavement and knocked down a women who subsequently died. The suggested explanation was that the car was in gear when the starter was pressed. The grand jury had to consider whether that was carelessness which should not have occurred. Sunday Morning Fatality. In the charge against John James North there was a clear case for the common jury. The accused at eleven o'clock on a Sunday morning knocked down an old man when his car was passing another going in the same direction. Accused's car, as the evidence showed, was not travelling at a high speed. The evidence of the negligence alleged was that accused was not keeping a proper lookout. What he termed a most unfortunate occurrence was then referred to bv his Honor. Jessie Grunder, the accused, had leaned over to close the left-hand side door of the car to prevent a parcel falling out. As she did so the car veered to the right and struck a girl cyclist, who fell and suffered injuries from which she died. "There is one factor which you may consider," added his Honor. "The evidence is that this child would not have died in the normal course of events from the result of the accident. The hospital authorities said that it was necessary to perform an operation to prevent her from being subject to epileptic seizures. Unfortunately she died from the shock of the operation, combined with the shock

from the accident. If the grand jury thinks that the original accident was caused by Mrs. Grunder's negligence, then they will return a true bill, and the other matter can be considered by the common jury." Level Crossing Accident. The fourth case, his Honor said, occurred at a railway crossing at I'aerata. The accused, Walter Harry Rowe, was driving a car which was struck on the crossing, and an occupant was killed. The evidence was that the train whistled and that the accident would not have occurred had the accused been driving with reasonable care. He was driving a touring car during rain, and the vision was not as good as from, a sedan, but there was evidence that the train could have been seen 250 yards away.