JURY DISAGREE

Evening Post, Volume CX, Issue 28, 1 August 1930, Page 4

JURY DISAGREE

MOTOR FATALITY CASE NEW TRIAL ORDERED (By Telegraph.—Press Association.) AUCKLAND, 31st July. A fatal motor accident which occurred in Ponsonby road on the evening of 17th May had its sequel in the Supreme Court to-day when Andrew' Smith, aged 38, of Kingsland, was charged with negliegnt driving causing deatlj. " The victim of the accident was William John Humby, aged 67, of Ponsonby,, who was struck in the street and killed instantaneously. The Crown Prosecutor (Mr. Meredith) pointed out,that it lay with the jury to set the standard of care that was required of drivers of motor vehicles. If they were satisfied that this man's life could have been saved by the exercise of ordinary care on tho part of the driver then it was clearly their duty to find a 1 voTdict accordingly. Humby had alighted from a Ponsonby tramcar and was waiting in the stroet to cross when he was struck down by a car driven by the accused. Tho violence of the blow was indicated by tho number of serious injuries Humby received. -Mr. Meredith said Hie driver swerved but did uot stop, although somo men called out to him. The number of the car was taken, however, and the accused was located later that evening. There was evidence that he had had one or two drinks, but not that he was under the influence of liquor. Counsel for the defence said it was not for the jury to set too high a standard of care, as no one was expected to be a superhuman driver. Not one of the witnesses'had ventured to suggest that the speed had been excessive. The accused had been driving for 17 or 18 years and had never had an accident of any kind. Counsel would call abundant evidence to negative any suggestion of intoxication. The accused got such a shock that ho foolishly went on and later he tried to bluff a detective. He saw the man in tho road, but swerved too late to avoid him. After a retirement of a little over four hours the jury disagreed. A new trinl was ordered.