CHARGE AGAINST MOTORIST

Press, Volume XCII, Issue 27734, 11 August 1955, Page 9

CHARGE AGAINST MOTORIST

CASE DISMISSED AT RANGIORA A charge against John Lawrence Jebson, a veterinary surgeon employed by the North Canterbury Veterinary Club, of negligently driving a motorcar at Sefton on March 26, thereby causing the death *of Mrs Mary Hutcheson McGowan, was dismissed Ritchie, S.M., at a sitting of the Magistrate’s Court, Rangiora, yesterday. Sergeant G. Urquhart prosecuted ana Mr R. A. Young appeared for Jebson, who pleaded not guilty. A daughter of the accident victim, Mrs Jean Anderson Wilson, said that her mother, who lived in the same house, usually wore spectacles, but did not have them .with her at the i time of the accident. She added that Mrs McGowan had not been deaf, but had been dull of hearing. L. M. King. Rangiora, said Mrs McGowan was nearly 81 years old and her reactions * would not be as fast as those of a younger person. To the Magistrate, Dr. King said there was a possibility that she had been dead before being struck by the car but he did not think that was so. Ronald Ashby, a labourer, said that about 7.26 p.m. he saw Mrs McGowan approaching from west to east on the footpath. She had walked out on to the road at an angle. Just over the centre of the road she faltered and changed direction before being struck by the car. She was on her feet at the time of the impact and fell near the edge of the grass. Witness thought that the car was driven at a reasonable speed on its correct side of the road. The accused stopped and gave what assistance he could. He thought Mrs McGowan was dazzled by the car lights. The accused told him that he did not see Mrs McGowan till it was too late to avoid her, said Constable J. B. Gott in evidence. .There was no sign of liquor about the accused and from skid marks on the bitumen it looked as though he had been taking evasive action to avoid a collision. There was no speed restriction in the township. Eric William Sole, vehicles inspector for the Transport Department, said that an inspection of the car after the accident, showed it to be in good mechanical condition. For the defence Mr Young subimitted that no case had been made out and asked that the charge be dismissed. In giving his decision, the Magistrate said that the sneed at which the accused was travelling was not unreasonable on a country road, where the standard of care required was not so great as in a built-up area or in a city. Mrs McGowan had committed a dangerous action in leaving the footpath and walking diagonally across the road.