FATALITY SEQUEL.

Auckland Star, Volume LXVII, Issue 113, 14 May 1936, Page 21

FATALITY SEQUEL.

"NEGLIGENT DRIVING CHARGE. CASE NOT PROVED. (From Our Own Correspondent.) TE AROHA, this day. An accident on the Te Aroha-Hamil-ton maih "highway on the night of April 7, when a pedestrian, Thomas Doyle, was knocked down and killed by a motor truck, had a sequel at the Te Aroha Magistrate's Court yesterday, when Robert Allen Pole, a plumber, of Morrinsville, was charged with negligent driving, causing death. Constable A. E. Hinton, of Te Aroha, conducted the prosecution, while Mr. A. R. Powell, of Hamilton, appeared for Pole. Police witnesses gave evidence that deceased had been in Waihou on the night of the accident, and that, while he appeared to be sober just prior to the accident, he had been in a drunken condition earlier in the day. The lights on the truck appeared to be dim owing to the absence of glasses and reflectors. The horn was not functioning owing to a fused wire. Giving evidence for the benefit of the coroner's inquest, which was conducted conjointly with the hearing of the charge, accused stated that the deccased's "swag" and an apparent sf;oop in his walk gave him the appearance of a cow. Witness swerved, but the Tight front mudguard struck deceased. Although his truck lights were not as pood as usual, it was possible to see 50ft ahead. His speed was not more than 25 miles an hour and he was on his correct side of the road. _ _ The Bench found that negligent driving had not heen proved, but on a secondary charge of having inefficient lights defendant was convicted and fined £2 and cost.