DRIVER EXONERATED

Dominion, Volume 31, Issue 72, 18 December 1937, Page 24

DRIVER EXONERATED

Accident Near Tram Stop At Miramar DEATH OF COLLEGE BOY A verdict of death from injuries received in a collision with a motor-truck, at Miramar, on December 3. was returned by the coroner, Mr. E. Gilbertson. J.l’., at the conclusion of the inquest yesterday into the death of Thomas Mansell Johnstone, a college boy, aged 13. In his summing-up, the coroner completely exonerated the driver of the truck.

Senior-Sergeant D. J. O'Neill conducted the inquiry, Mr. J. D. Willis watched proceedings on behalf of the relatives, and Mr. S. G. Stephenson appeared for the driver of the truck. Dr. J. D. Willis, a house surgeon at the Wellington Hospital, said Johnstone was admitted at 3 p.m. on December 3. He was unconscious when admitted and died at 8.10 p.m. from laceration of the brain substance associated with fracture of the base of the skull. Harold Earl Winstanley, driver of the truck, said he was travelling in a north-westerly direction along Coutts Street, near Rongotal College, at between 15 and 20 miles an hour. Just before that, he had been travelling at 25 miles an hour, having speeded up to pass a tramcar. ' He was on the correct side of the roadway. There were a number of college boys standing at the tram stop in front of Rongotal College on the southern side and he slackened speed. Some were on the footpath and some as far as two feet on the roadway. They had cricket bats with them and he could see they were excited. He blew his horn when about 40 to 50 yards away from them. They were all looking in his direction as there was a train, which they evidently intended to catch,' approaching. He passed the group of boys, the distance of the left side of his truck from the southern kerb being from sft>. to 6ft. The rear of his truck would be about 15ft. past the group when lie heard several of the boys shout out. He did not hear the sound of any impact nor feel any jar, but when he saw Johnstone prostrate on the roadway, surprised that he must have run into the side of the truck. Motorist’s Evidence. Arthur Harold Hooper, a tiler, living at 199 Melbourne Road, who was driving behind the truck, said 'Winstanley at no time exceeded 20 miles an hour. He himself was travelling at that speed and was gradually gaining on the truck. “On the southern side of Coutts Street, at the tram stop outside Rongotai College, I observed a number of college boys with cricket gear,” witness continued. “Some were standing on the footpath and others were two or three feet out on the roadway. As the lorry approached these boys it slowed up to about 12 to 14 miles an hour, and the driver also pulled out to the right. Some of the boys stepped back

on to the footpath and some remained on the roadway. I then observed deceased, after the cab of the truck had actually passed him, run out from the footpath straight into the side of the truck. Just before being struck he appeared to-try and stop, but was running too fast to pull up in time.” He frequently passed along Coutts Street witness added, and had noticed college boys at the particular tram stop on numerous occasions; they had the habit of surging over on to the road before the tram was anywhere near the stop.

The coroner: You don’t think the truck-driver in any way to blame?

"Witness: Not in any circumstances. The boy didn’t give him any chance, but ran right into the truck. The boy didn’t appear to see the truck, but only the approaching tram. Gordon Charles Dumbleton, motorman on the tram, said that when the truck reached the stop it would be at least 40 yards ahead of him, travelling at approximately 20 miles an hour. On numerous occasions, he had reprimanded college boys at that particular stop for their unruly behaviour in boarding the tram, witness said. They often boarded it before it stopped and jostled one another when boarding. Skylarking was prevalent among them. The stop was a compulsory one; he always stopped there and did not just slow down. Boys Repeatedly Warned. Frederick Martyn Renner, headmaster of Rongotal College, said all the boys had been earnestly and repeatedly warned about the danger confronting them in boarding or alighting from tram cars, not only in front of th e school, but on all other occasions elsewhere. Though the stop opposite the school was a compulsory one, motormen sometimes did not regard it as such and merely slowed down instead of stopping completely. That, very often, was responsible for the over-eagerness of the boys in getting aboard. Motor traffic travelled past the school at an excessive speed—as much as 30 miles an hour. Ou nearly all occasions, masters were present in charge of boys travelling as members of a team from the school to other parts of 'Wellington. more especially from the intermediate department. On that occasion, no master was actually present when the boys were boarding the tram, but a master had been detailed to supervise and control the game, at Newtown Park.

Companion’s Testimony. Frederick Granville Barker, aged 13, one of the party waiting for the tram, said that a number of them, when the tram was about 100 yards away, stepped out on to the roadway in order to get in first and obtain a good seat. He saw a truck accelerate and pass the tram, and they all stepped back to allow it to pass. Johnstone had his back to the approaching lorry and was joking with several other boys. Under his right arm, he had some cricket pads and stumps. He failed to draw back as the lorry approached. The pads struck the lorry about half-way along the body of the truck, which also struck him. lie spun round and several cricket stumps flew up in the air. Turning a somersault, Johnstone landed In the guttering on the southern side. The coroner: Are you sure he didn’t run toward the truck?

■Witness: No, he was jumping about and joking.

To Mr. Willis, witness said Johnstone was standing three or four feet out from the kerb and approximately a foot beyond the other boys. The truckdriver seemed to be trying to beat the tram.

Mr. Stephenson: Trying to beat the tram?

Well, the tram was behind him and 1 suppose he didn’t want it to catch up because he would have a long wait at the stop while the boys were getting on. You say the boy was jumping up and down. Might he not have gone further out?—“No, but he might have gone further back.” What was he talking about? —“1 don’t know, I was 12ft. away.” Similar evidence was given by another college boy, George Rae, aged 13. Witness said be did not. observe the approach of the truck. He was looking straight ahead and Johnstone in a westerly direction. Deceased said “Watch those wickets,” referring to the gear witness was carrying, and at the same moment witness heard a noise. On looking to his left, he saw Johnstone rolling on the roadway. The left side of the lorry just grazed the wickets witness was carrying. To the coroner, witness said Johnstone was standing about Gin. iu front of him and to the side. Mr. Willis : Did you see him move out on to the road at all. Witness: No. Did you see the lorry go past the group of boys?—“l saw it flash past me.” Did you see deceased make any step, or run, or dive forward? —“No.” The coroner: Was be jumping about? —“I couldn't say." But he was just ahead of you?—’T was looking ahead and he was in front of me and slightly to the side.” .Mr. Stephenson: Which way were you facing?—“Across the footpath.” And Johnstone had his back to the truck?—"His back was half-turned.” You heard Barker say Johnstone was jumping round. Did you see him?— “No, I think he was standing still. I couldn’t see him just as the accident happened.” Failure To Take Care.

The evidence as to whether the boy ran into the truck was conflicting, said the coroner, but he was certain he had not been taking proper care, and there was no blame attachable to the driver of the truck, whose speed bad not been excessive.

A verdiet was returned iu accordance with the medical evidence.