NEGLIGENT DRIVING

Dominion, Volume 29, Issue 72, 18 December 1935, Page 6

NEGLIGENT DRIVING

Bank Official Committed For Sentence THREE PEOPLE INJURED Arising from an accident at Lower Hutt on October 26 in which three persons were injured, Robert Hunter Service, bank oflicer, aged 34, was charged in the Lower Hutt Magistrate’s Court yesterday with negligently driving a motor-car so as to cause bodily injury. Pleading guilty, he was committed to the Supreme Court for sentence by Messrs. J. Cameron and F. Feist, J.P.’s. Bail was fixed at £5O. A further charge of driving in a dangerous manner was withdrawn. Sergeant ,L W. MeHolm conducted the case for tiie police, and Mr. R. Hardie Boys appeared for defendant. Kenneth Carmichael, freezing worker, said that about 6.15 p.m. on October 26 he was driving north along High Street, Lower Hutt, at about 15 miles per hour. He had with him his wife Densy Clare Carmichael, and his daughter, Dawn. When he was near Waterloo Road he was on the macadam on the left-hand side of the road because of the race traffic which was coming towards him. He saw a car coming towards him about a quarter of a mile away on the right-hand side of the road. When it was practically on him he intended to mount the footpath to escape it, but a telegraph post prevented his doing that. Witness was on his correct side when the collision took place. Swung to the Right. Just before the impact he swung quickly to the right so that the oncoming car would strike the rear of his car. It was useless, and his car was carried back and turned over. His wife and child were underneath the car, and he was thrown almost clear except for his legs and hips. He received a fracture of his left leg and abrasions on the left shin and hand. His wife received a double fracture of the right leg and a badly-cut left knee. His daughter, as far as he knew, had a fractured thigh. The car was damaged beyond repair. The oncoming car was travelling at an excessive speed, but lie could not form an estimate. e To Mr. Boys, witness said arrangements were being made through his solicitors for compensation for injuries and for the car. Evidence of the injuries from winch Mrs. Carmichael and Dawn were suffering when they were admitted to the Wellington Hospital was given by Dr. D. L. Clay. William Frank Biggs, butcher said he was standing on the footpath' when the accident occurred. Defendant’s car was on its correct side when he saw it, but when it was opposite Kings Crescent it began to zig-zag.. He also noticed Carmichael’s car, which, was on its correct side of the road. Defendant s car, which was travelling at what he estimated was 50 miles per hour, suddenly swerved toward a telegraph post, and struck C-ari'niehael’s car. Immediately after the accident, Carmichael’s car was upside down ou tbe eastern fcdde of the .bitumen, and defendant’s ear was facing north on its wrong side of the road. Cross-examined by Mr. Boys, witness said he would describe the sudden swerve of defendant’s car as an uncontrolled swerve from its course. Speed Estimated at 50 m.p.h. John William Morrison, taxi proprietor, said he was driving along High Street in a northerly direction, and when near the corner of King’s Crescent he saw defendant’s ear approaching, bearing over on its wrong side all the way down the road. He pulled over in his car on to the macadam as Service went past at an excessive speed. Witness estimated defendant’s speed at more Ilian 50 miles per hour. Witness stopped and looked backward, and he saw the car, still on its wrong side, collide with Carmichael s cur. When the impact took place tbe whole of defendant’s car was lifted into the air, and it pushed Carmichael’s car across the road on to its wrong side. Constable' J. A. C. Rush said that on November 4 .he interviewed defendant, who signed a statement. Service stated that he had been to the Trentham races with another man. So far as he could remember, he was driving on his correct side at about BO to 35 miles per hour. He did not remember driving on his wrong side, and he could not remember the events leading up to the accident He had had three or four drinks of stout at the races, but they were spread over the day. He stopped at a hotel on the wav down and had two stouts. Constable R. G- Jones described the positions of the two cars when he arrived at the scene of the accident. In Ins opinion the impact had been head-on. When questioned as to the cause of the accident, defendant said he did not remember anything about it. He was bleeding from the mouth and his breatn smelt of liquor. Questioned about the amount of drink he had consumed, defendant said he had had four or five stouts at the races. He was quite steady on hi« feet, but was suffering from shock. Evidence of a conversation .with defendant at the scene of the accident was also given by Constable R. Griffith.