FATAL ACCIDENT.

Auckland Star, Volume LXIX, Issue 138, 14 June 1938, Page 9

FATAL ACCIDENT.

AGED MAN'S DEATH.

STRUCK BY TAXI-CAB,

DKIVER, WOT NEGLIGENT.

A verdict that death was due to injuries received when knocked down by a taxi-cab in Pon.sonby on the evening of Sunday, April 3, and that there was no evidence to warrant him finding that the driver of the taxi-cab, Albert Claude Slea tli, had been negligent, was returned by the "coroner, llr. V. K. Hunt, S.M., this morning after an inquest into the death of Mr. James Burke.

Mr. Burke was a retired plasterer, a I single man aged 80, and resided at 84, i Cook Street. lie died in the Auckland Hospital at 5.20 a.m. on April 4. Several witnesses were called, and those who saw the accident said they saw Mr. Burke crossing the road in a diagonal direction at the intersection of Ponsonby Bo ad and Ponsonby Terrace. The time was about seven o'clock on Sunday evening, April 3, and while Mr. Burke proceeded across the road the taxi-cab driven by Sleath approached. As the car drew near Mr. Burke suddenly stopped, tlicn took two paces backwards, and though .the tfar was swerved to the right and the brakes applied, Mr. Burke was hit and, one i witness said, thrown 12ft or 15ft.

Two of the witnesses, Athol Wilson, clerk, and James Hamilton McFarlane, clothing cleaner, said the car driven by Slcatli was travelling fast.

The driver of the car, Albert Claude Sleath, said that he was driving at about 25 miles per hour. He-saw a man ahead walking diagonally across the road, the mail's back being turned slightly towards witness. Witness sounded the horn, and the man hesitated, and :it appeared, he intended to allow the car to pass in front of him. Then suddenly the man started to walk for|ward again and witness applied the j clutch and brakes and swerved the car to go behind the man, but was unable to avoid an impact.

The injured man was at once taken to the Auckland Hospital, where he died the following morning. He had suffered lacerations of the brain, a dual haemorrhage, fractured ribs and a fracture of one ankle. '

In finding a verdict of' accidental death, Mr. Hunt said his experience as a coroner made it clear that the reaction of aged persons was very slow, and. their sight was not nearly so good as when younger.