MAN’S DEATH IN CAR ACCIDENT

Press, Volume LXXXIII, Issue 25248, 29 July 1947, Page 3

MAN’S DEATH IN CAR ACCIDENT

CHARGE AGAINST DRIVER DISMISSED

NEGLIGENCE HELD NOT PROVED

A charge of negligent driving which caused death, brought against John Windsor Green, a fitter, in the Magistrate's Court yesterday, was dismissed by Mr Raymond Ferner, S.M. The charge arose from an accident which occurred in Bassett’s road qn May 25, when a car driven by the accused struck a power pole and a passenger in Jhe car, Clarence Benjamin KittJ/was fatally injured. An inquest into Kitt’s death was conducted with the hearing. The case for the police was conducted by Sub-Inspector J. Crowley, and Mr J. D. Hutchison appeared for Green. Dr. T. F. Thomas said that he examined Kitt about 1 a.m. on May 25 on his admission to hospital. He was suffering from a fractured skull and fairly severe facial injuries. Douglas Archie Friar said that on May 24 Kitt and he had gone to a social at New Brighton in accused’s car. He did not see accused have any liquor. On the way back to Christchurch witness said he dozed off in the car and did not remember a crash. Annie Margaret Potter said she went to the dance at. New Brighton with Green, Friar, and Kitt. She had had two small glasses of draught beer. “Accused had the same as me, but he did not finish the second glass,” she said, adding that he was sober when he left. She remembered coming to a corner and saw a post, but could not recollect the actual impact. The car was travelling at normal speed at the time of the accident. Douglas Timperley said that while he was at a house in Travis road he heard a crash outside and found that a car in Bassett street had hit a post. He had stopped a passing car and sent for help. Police Evidence Sergeant J. M. Bourke said that when called to the scene of the accident he found a badly damaged car standing on the west side of Bassett street, facing toward the city. When he asked accused how the accident had occurred he had said that he had collided with another motor-car. Investigations on the scene led to the discovery of a power pole which was bruised from a height of sft to the base, indicating that it had been struck by a vehicle " which had travelled at a fast speed. Accused was in a dazed condition; but he did not detect any smell of alcohol on him. To Mr Hutchison witness said that the car left the road in loose shingle. There were marks on the grass verge which indicated that endeavours had been made by the driver to get the car back on to the road, but it had slipped. Cross-examined by Mr Hutchison, Sergeant J. B. Kearton, police photographer, said that it was possible that Kitt had either tried to open the door and get out, or the door might have been sprung open by an impact on the running board before the car hit the post Constable A. K. Scally produced a statement made by accused In which he explained that his speed had not been greater than 30 miles an hour. When the car left the asphalt he said he realised that he had to make a left-hand turn, swung the car, and accelerated in an endeavour to make the turn. The accident had had a serious consequence in that a human life had been lost, and the police had acted correctly in bringing the matter before the Court, said the Magistrate. The Court had been assisted greatly by a series of excellent photographs taken by Sergeant Kearton with which many points had been made clearer than would have been possible otherwise. He had to bear in mind that the Crown had to establish a case against accused, and was not able to say that the case before the Court reached the required standard of proof. Electing to turn was a serious error of judgment; but he did not think it was associated with criminal culpability A verdict that Kitt’s death was caused by a fracture of the skull suffered when the car driven by Green, in which he was a passenger, struck an electric power pole, was returned at the inquest.