Magistrate’s Court U.S. Serviceman Fined For Fatal Negligence

Press, Volume XCIX, Issue 29170, 2 April 1960, Page 16

Magistrate’s Court U.S. Serviceman Fined For Fatal Negligence

A fine of £5O was imposed on a United States serviceman, Edward James Norton, aged 20, radioman Ord class),. attached to the United States Navy base at Harewood, by Mr E. A. Lee, S.M., when he pleaded guilty to a charge of negligent driving on March 5 which caused the death of Burt Kinzett, a .taxi-driver. Norton’s driver’s licence was cancelled and he was prohibited from obtaining another for three years. He was represented by Mr H. S. Thomas. At about 10.55 p.m. on March 5, John Michael Atkins was driving a car west on Riccarton road, said Sergeant E. S. Tuck. As he approached the intersection of Picton avenue he saw a Chevrolet coupe approaching from the opposite direction in Riccarton road. He estimated the speed of the car at 45 miles an hour.

“The approaching car was overtaking about three or four other cars and came on to the incorrect side of the road in doing so,” Sergeant Tuck said. “As the Chevrolet approached nearer to his car Atkins moved closer to the left kerb, but the two cars collided with a glancing blow.

“After the impact Atkins saw the Chevrolet in his rear vision mirror as it continued east on Riccarton road. A second or two later he heard the squeal of brakes and a loud crash. On walking back east along Riccarton road he found that the Chevrolet had collided head-on with a taxi,” said Sergeant Tuck. Both occupants of the taxi were admitted . to hospital, said Sergeant Tuck. The accused, the only occupant of the vehicle, was also taken to hospital. The driver of the taxi, Kinzett, died in hospital early in the’ morning of March 6. The weather at the time of the accident was fine and the road surface was dry, said Sergeant Tuck. It was dark with

good street lighting. There were most unusual circumstances in the collision, said Mr Thomas. The negligence which caused Kinzett’s death took place when Norton’s car struck the first vehicle a slight glancing blow. From that point on Norton was unconscious and had no control over his vehicle. His car continued on down the road and ran into the taxi. He saw Atkins’s car just before the collision.

The negligence was not the immediate cause of death, but it had io be admitted that the accused was negligent in putting himself in the position he had with oncoming traffic. Norton’s car careered backwards and forwards across the road after the first minor collision until it hit the taxi.

Norton had a completely clear record both in the Navy and in civilian life, said Mr Thomas. Norton was going on duty and there was no suggestion that he was under the influence of liquor. The collision had a sad result. Mr Thomas said. Norton’s face and an eye had been injured and he had to have 16 stitches in his face which was permanently scarred. He had also received a fractured leg.

“Pulling out and attempting to pass in the face of oncoming traffic is one of the worst driving offences,” said the Magistrate. “In this case it was followed by very tragic circumstances and a man lost his life. It may well be that the first negligence caused the accident.” DROVE WITHOUT LEAVE

“I am satisfied the defendant made a hand signal when he came to the intersection, but this does not excuse him as traffic would have difficulty seeing a signal at night,” said the Magistrate when William Robert Ruff Astle (Mr B. A. Barrer) came before the Court on a charge of driving without due care and attention. The Court was told that Astle had almost completed a right-hand turn at the Bexley road’ intersection of Pages road when a motorcycle ridden by Peter Robert Jackson struck the left rear mudguard of his. car. Jackson was slightly injured in the collision and the front wheel of his machine was extensively damaged.

Mr Barrer admitted Astle had not seen the motor-cycle and suggested that the machine had been showing no lights. “The defendant does not state directly that the motor-cycle did not have lights,” said the Magistrate. “I think the machine had lights and that the defendant did not see them.” Astle was convicted and fined £4. OTHER TRAFFIC CHARGES

The result of other traffic charges by the police were as follows: Driving without due care and attention: Claude Whitney Evans, £2 (no driver’s licence, £1); Gavin William Tavendale, £5 and licence endorsed (no warrant of fitness, £1); Rex Winston Robinson, £7 10s and licence suspended for three months; Arthur George Smith. £5: Bela Popp, £3; Johan Gerhard Abelen, £5 and licence suspended for one month. No warrant of fitness: Thomas David Dick, 10s: Rex Vernon Lawry, £1; Leonard Lewis Mangos, £4. Opening a car door in such a manner to cause injury: Benjamin Leonard Bull, £3. Failed to give way to the right: Cecil John Collings, £5; Garry Dion Christie, £2; John Patrick Lilley, £4 (no warrant of fitness, £2); Lancelot John Sneddon, £5. Failed to stop after accident: Alan Murdock Mitchell, £l5 and licence suspended for three months (driving without due care and attention. £lO, failing to ascertain if person injured, costs only). REMANDED Frederick Robert Allen, a butcher, was remanded to April 4 on a charge of stealing a jersey valued at £1 15s lid, the propertv of Woolworths, Ltd. Bail was allowed and he was ordered to report daily to the police. (Before Mr Raymond Ferner, S.M.)

FAILED TO GIVE WAY At 11.30 p.m. on January 2 Rex Graeme Register was driving his sports car across the intersection of Manchester and High streets when a car driven by Roy Richard Roberts, coming from his left, struck him violently. Both cars were extensively damaged. As a result, Roberts (Mr D. H. Stringer) appeared in Court charged with failing to give way to the right. Register said he saw the car driven by Roberts on his left as he started across the intersection. Register saw that a collision was inevitable and he swerved to lessen the impact. In a statement to the police, Roberts said that, in his opinion, the accident had been caused by excessive speed on the part of the other car. Register said he was travelling at about 30 miles an hour. Roberts said his car was struck about the driver's seat. The front of Roberts’s car was undamaged. The damage to Register’s car was mainly to the left front wheel. He had not seen Register’s vehicle when he started to cross the intersection. “I think that although the defendant looked to the right, he did not do so at the appropriate time,” said the Magistrate, "but I am satisfied that he is not a reckless or careless driver.”

The Magistrate said that he would take into consideration the fact that witness’s expenses amounted to more than £9. and that the damage to Robert’s car was estimated at £250. Roberts was fined £2.