RIGHT TO THE ROAD

Evening Post, Volume CVIII, Issue 42, 17 August 1929, Page 11

RIGHT TO THE ROAD

UPPER HUTT FATALITY

COMMENT BY CORONER

The death of Mrs. Florence Alton, aged 63, as the result of the motor accident on the Main Hutt road, within a few chains of the intsersection of the Akatarawa road, on Saturday evening last, was the subject of an inquest this morning, before the Coroner (Mr. J. S. Barton, S.M.). Sub-Inspector Lander conducted the inquiry; Mr. C. A. L. Treadwell appeared for the driver of the motor-car (Frederick C. Facer); and 'Mr. H. E. Anderson for the husband of the deceased.

Dr. Tweed, of Upper Hutt, said that when ho arrived at the scene of the accident, Mrs. Alton was (lead. The injuries' she reeeiveoT were such that death must have been instantaneous.

Kobert Anderson, a motor-driver and an ex-member of the Police Force, gave evidence that he was driving a motorcar homo on Saturday evening along the main road, when a car, after giving a warning signal, pulled out from behind him, to pass the car he was driving. Just, before this, car pulled' out to the right witness saw two. women coming up the road about 50 paces away. One was wheeling a bicycle. When the tail end .of the second ear was level with the right front mudguard of witness's car ho heard a crash, a splintering of glass, and a scream. The car driven by Facer zig-zagged a little .and came to a stop about 25 yards from where the accident happened. On getting out of his car he found that Mrs. Alton was dead. . The visibility was bad: at the time, because it was "between lights".; it was neither dark nor was it daylight. In answer to a question from Mr. rreadwell, witness said he estimated that Facer was travelling a trifle over rfO miles an hour when he overtook his car. As far as he knew the two ladies were walking on the gravel portion of the road at the side. Where the accident happened, however, there was barely room for two people to walk on the gravel. /

Mrs. Heather Swift, sister of Mrs. Alton, said she met the deceased at the railway station on Saturday evening just after 5 o'clock and they set off tor Mrs. Alton's home at Horse Shoe Lend, Akatarawa. Mrs. Alton was wheeling her bicycle, which was not lighted. Witness saw what appeared to be several ears travelling abreast towards them, and she and her sister stood still for fear of being run' over. The headlights of a car moved on to them, and witness staggered back. She .was .not struck, although she was dazed.' When she recovered she saw her sister lying on the road a few yards away. Mrs. Alton was dead. The deceased and witness walked along the'left hand side of the road from tho railway sta-: turn, on the gravel wherever-possible, because Mrs. Alton had expressed a fear o± walking on the bitumen. Constable Joss, of Upper Hutt, who arrived at^ the scene of the collision with Dr. Tweed, gave evidence as to measurements he had taken. Facer made a statement to him in which he said he was sure that the bicycle was being wheeled on the bitumen and that at least one of the women was also on the bitumen. When he saw the women he swung his^car to the left and applied his brakes, but was unable to avoid a collision.

The' Coroner said that in view of the evidence he had heard and the statement of the driver of the car,- ho did not think it necessary that Facer should be called to give evidence. He had no difficulty in returning his verdict. It was that the deceased was killed on the Main North road, near Uppoi- Hutt, by injuries received in a collision ibetweon he.r and a motor-car driven by Frederick C. Facer.

"That is my complete finding on all points that are raised by the evidence given bofore me at this inquiry," added Mr. Barton, "but speaking of .the general application of what I deem to be an elementary principle of law, I think it right and necessary to add a rider that may act for the protection of tho public. It is that pedestrians have the right to uso the roads, including the bitumen portions of the roads, and especially in country, districts where thero are no footpaths, they must bo taken into account as persons reasonably likely to be there."