CASE DISMISSED

Dominion, Volume 24, Issue 188, 7 May 1931, Page 5

CASE DISMISSED

Charge of Negligence

MAGISTRATE HAS DOUBTS

Although he expressed himself as being not quite satisfied with the evidence of either the defendant or his witnesses, the magistrate, Mr. W. H. Woodward, dismissed the charge of negligent driving preferred against ■ Finian O Donovan, commercial traveller, of Wellington, in the Lower Hutt Police Court yesterday. The case arose out of an accident on the main road at Taita on April 15, when, about 7.15 o’clock in the evening, the defendant collided with a. car driven by J. M. Kershaw, capsizing it. James M. Kershaw described how he stopped to examine his carburettor, when his car was struck from the rear by another car. He thought he had all four wheels off the bitumen. Evidence was also given by a passenger and by Constable Nalder. Defendant' said he was dazzled by the lights of an approaching car; that he slowed down gradually from 33 miles an hour to under 30, and did not see Kershaw s car until he struck it. He was certain he was keeping a proper look-out. . The magistrate said he could not bring himself to believe implicitly the evidence of defendant or his witnesses. He did, however, think the defendant’s story of being dazzled by approaching headlights probable. There was. some doubt as to negligence, and because of it he would d'smiss the case. He did not think the police had Improperly suppressed evidence. Some of the statements made by defendant’s witnesses in evidence were at variance with statements made to the police.