MOTOR FATALITY

Evening Post, Volume CXIII, Issue 32, 8 February 1927, Page 11

MOTOR FATALITY

ACCUSED BEFORE COURT

TAIL LIGHT REGULATIONS

(By : Telegraph.)

(Special to "The Evening Post.")

:•■ ■■;; '■ ■' AUCKLAND, This Day! 1 Before Mr. Justice Herdman at the Supreme Court, James O'Hanlon was charged with negligent .driving so as to cause death. '.'•"'.'

Ihe Crown Prosecutor, Mr. Meredith said that the facts were that about 10 p.m. ou .the ; date in question, accusedwas dnving down the Great South road towards the.-Harp ■of Erin, ■ and had with him a Mr. Bernard Hosiaux. A motor-bus had pulled up at the corner of Green Lane and Great South road. It was fully lighted, and the last passenger had just alighted when there was a crash at the rear. A motor-ear then went past at a high rate of speed |nd drew up about 70 yards further down, the road. The 'driver of 'the bus went .after, the car, and accused inove'd off to telephone to; a, doctor". The car was badly smashed' and deceased was suffering from a fracture of the skull. He. was taken to the hospital m another motor-car and died ten days later. The evidence" would show that accused wa 3 not under the influence of liquor, and it: would therefore appear that he had been talking,.to deceased and had not been paying attention to his "driving.

• for accused, Mr. Seliars said thai he was driving at about twenty miles an hour. There was no evidence that he was going fast. He saw in front of him a red tail light, but he could not distinguish the vehicle, and he concluded, as the light was about eight feet from the -kerb, that the vehicle was en the left-hand, or .kerb si.de .of the light. It .was not until he was" too close V pull up that "he-saw that the UgHit was on the wrong side of the vehicle, and he swerved to avoid a collision. Mr. Sellar3, addressing the jury, called particular attention to the bylaw concerning the pulling Up o f vehicles close to and parallel with the kerb, and also to the fact that the rear 'licrfct of the bus was on the left, or wrong, side.! v. . .'•■■•■ ; ■- '■■■

The jury found accused guilty of negligence in a. small degree in colliding with the bus, but said that the accident was, in their opinion, contributed to by the fact that the tail light was on the left side of the bus, and that the driver of the bus also contributed by pulling up five .feet ..from the kerb. The jury strongly recommended leniency, and added .a rider urging the authorities to make it compulsory for all rear lights to be placed on the right side of vehicles. ...

- Sentence was postponed, the Judge saying that accused would not have to go to gaol. . . '