PAPANUI ROAD ACCIDENT.

Press, Volume LXVII, Issue 20274, 27 June 1931, Page 4

PAPANUI ROAD ACCIDENT.

PEDESTRIAN STRUCK BY CAR. DRIVER EXONERATED AT INQUEST. The inquest into the death of Henry Martin Miles, who received fatal injuries when knocked down by a motorcar as he was crossing Papanui road on May 21st, was concluded before the Coroner, Mr E. D. Mosley, S.M., yesterday afternoon. Sergeant A. Leckie appeared for the police, Mr A. W. Brown for the relatives of Mr Miles, and Mr F. W. Johnston for Russell M. Sinclair, the driver of the car. Robert Bruce Hamilton, a clerk, of 76 Rugby street, stated that at 1.45 p.m. oil May 21st he was standing in Papanui road, near Office road. Witness saw an elderly man crossing the street from west to east. The man was near the west tram-lines when witness saw a motor-car travelling north. Witness considered its speed dangerous for that part of the road. The car was on the left-hand set of tram-rails. When almost on the man the motorist swung sharply to the right, struck the_ man, and continued on to the wrong side of the road going north. After the impact the man was thrown about 18 feet to a position near the telephone box on tho left-hand side of the road going north. After a violent right turn the car was swung back again to its left, and stopped on its correct side near the kerbing. To Mr Johnston: Miles was walking across the road when he was struck. It was possible that the pedestrian had momentarily paused and witness had not noticed it. Speed of tlie Car. To the Coroner: The car was going fairly fast. Geoffrey Daniel Davy, a salesman, of 36 Perry street, who was driving his car towards the City on Papanui road about the time of the accident, stated that he saw a motor-car travelling north in Papanui road at about 15 to 18 miles an hour. Witness also saw an elderly man step off the footpath on the west side of the road, who appeared to be looking north to see if a tram was coming. The man hesitated twice, and then walked on across the road. The car, in witness's opinion, did everything possible to. avoid the accident. Tho driver of the car swung sharply to the right. The car pulled up on the •correct side of tho road within fifteen yards. The accident did not appear to be serious to witness and so he did not stop. Witness had been driving twenty-three years. The Coroner: How could you tell the speed of the car approaching you some distance away as you were approaching it at twenty miles an hour? Witness: I could. One can, having driven a great deal, and in contests. The Coroner: There aro many who don't agree with you.

Eye-Witnesses' Evidence. Donald Angus Donn, of 16 Brcnchlcy avenue, a passenger in Davy's car, gave evidence. He estimated that the car which struck the man was going at about 18 miles per hour. Witness saw Miles stop on the road and look towards the north, but it did iiot appear that Miles hesitated twice. To Mr Brown: When Miles stripped on the road the car which struck "him was about ten yards away. Joan Gibson, a typist, residing at 107 Office road, stated that she had been standing beside Miles near the bowser on the .west side of the road. Witness had just crossed the road when the accident- occurred, and could not estimate the speed of the motor-car which struck Miles. Kenneth Maxwell Darby, a telegraph ; messenger, stated that a,t the time of the accident he was outside the St. Albans Post Office. He turned in time to see Miles being thrown from the rear left-hand mudguard. Miles was thrown to a position opposite the Bouthwest corner of Office road. Just after the collision took place the motor-car was not travelling fast. .Driver' of the Car. Russell Mackay Sinclair, a salesman, residing at 11 St. Andrew's square, the driver of the motor-car which struck Miles, gave evidence that when he was driving north along Papanui road, just before the accident, he was averaging 20 miles an hour. Approaching Office road witness saw an elderly man on the footpath near Office road. The car was about 15 to 20 yards away then. Witness sounded his horn and slowed down a little. Miles stepped on to the road, took three or four steps, and stopped. Witness thought Miles had looked south and seen him coming. Miles looked north when he stopped and witness continued to pass him. Miles then continued to cross the road unexpectedly, and although witness swerved suddenly to the right, it was too late to avoid the accident. It was certainly too late to pull up efficiently. Witness did not recollect applying the brakes, but know that when Miles disappeared from view he had not been struck. However. there was a bump, and tho window above the left rear mudguard splintered. After pulling in to the correct side of the road witness went back to Miles and then rang for an ambulance. Witness considered that if Miles had not stopped he could have stopped his car without accident. Mr Brown, addressing the Coroner, said that he wished to correct the references made to. Miles as being an old man. •He was certainly 74 years of age, but was hearty and hale, and liis hearing and 1 eyesight were in no way impaired. He was an active man and held a salaried position in the City as a departmental manager. Coroner's Finding. "As has been commented by Coroners, Magistrates, and Judges, thousands of times before," said Mr Mosley in giving his finding, "it is difficult to reconcile statements and descriptions made by people who view accidents from different angles, honest and scientious though, they undoubtedly are, but in this ease there has not been much difficulty, as it seems to me that the accident was not due to the negligence of the driver of the car. The evidence is that the motor-car was travelling at'a reasonable speed, and the hesitation of Miles after leaving tho footpath to cross tho road made the driver of the car think that the pedestrian would allow the car to pass. Miles actually appears to have talked into the car. I am satisfied the accident was' not due to negligence on the part «»£ the driver.'' Mr Mosley then returned the finding that Henry Martin Miles died from injuries and shock received when accidentally knocked down in Papanui road by a car driven by Russell Mackay Sinclair.