DEATH OF CHILD

Evening Post, Volume CXXVII, Issue 76, 31 March 1939, Page 7

DEATH OF CHILD

MOTORIST FOR TRIAL 1

NEGLIGENCE ALLEGED

Henry John Falleni, a hairdresser and tobacconist, appeared before Mir. J. H. Luxford, S.M., in the Lower Hutt Court yesterday afternoon, charged with negligently . driving a motor-car in High Street, Lower Hutt, on February 19, so as to cause the death Of Gardenia Love, aged 18 months.

Mr. J. J. Garbett appeared for the defendant, and Sergeant J. W. McHolm prosecuted.

Dr. James Dempsey, a house surgeon at the Wellington Hospital, said thax the child was admitted at 3.30 a.m. 6a February 19 suffering from head injuries. She had signs of pneumonia and was semi-conscious. The following day she died. \

Wilfred Henry Loveridge, a! dairyman, of Taita, said that at about 3 a.m. on February 19 he was driving a milk van out of Trinity Avenue on to High Street. At the corner, he saw the lights of a south-bound car, and stopped to allow it to pass. The car. passed at from 30 to 35 miles an hour, and ha followed it. Near Naenae Lane he could see the car, and also a van parked at the side of the road with its taillight and interior light on. Suddenly everything semed to fade, and then there was a mass of light! He heard the crash, and saw sparks fly from the road. Witness stopped behind the car and helped to get the occupants out. He knew that the van belonged' to Mr. Manderson. It was about 50 yards past the overturned motor-car, with at least one light still burning. When the lights faded, he was 100, to 200 yards away. . Cross-examined by Mr. Garbett, wilr ness said that no car passed his van I prior to the accident. , . - 1 STRUCK FROM BEHIND. | Arthur Thomas Manderson, a milkman, of Waiwhetu, said that on February 19 he was driving a milk van, and had as his assistant Mr. R. G. Swain. At about 3 a.m. he stopped the van about. 50 yards past the old military road to wait for. Swain, who had been serving a customer. The motor was stopped, and he had just released the hand-brake when he saw Swain's torch. The van had its parking lights on, and a light in the back set in the roof. It was a foot or 18 inches from the kerb. Just before he went to start off, he looked through the rear window, and saw the lights of three cars approaching. One went past on the crown of the road at high speed. As Swain . came alongside the driver's seat, the" crash occurred. The van was pushed about 50 yards. Witness got out, and saw a car, overturned, almost in the middle of the road. The left-harid front part of the car was badly damaged. The right-hand back mudguard of his van was almost torn off, and there was other damage. At tlie point of impact, there were marks on the road. He heard the driver of the car say that he was travelling at: from 30 to 35 miles an hour. - Cross-examined, witness said that after the accident the parking, lights were still on. He had been warned once not to put his lights out1- Juring the course of his round. The marks at the point of impact were ilQ_&Biix out from the kerbl and the road^ihere ■; was 42ft wide. There had been Jno suggestion that the defendant \vast speeding. After the collision ; the right front wheel of the van was] ten feet from the kerb, and the van pointed towards the middle of the road. CRY OF WARNING; Robert Graham Swain, a milk roundsman, gave evidence wheii he was returning to the van, a big car passed it, going towards Lower Hutt. He then walked round the van, noticing as he passed that the taillight and the interior light were on. As he approached Mr. Manderson, who was ih the driver's seat, he looked back and saw a car coming from the north, veer towards them. The car was quite close, and he called "Look out!" He next found himself in the middle of the road. Under cross-examination, witness said that at the speed it was going, the big car must have passed the defendant's *car shortly before. The big car was right in the middle of the road. He was a little longer than usual in serving the customer. When he went to the car afterwards, he saw a baby being handed out of the car. Mr. Loveridge placed it by the side of the road. William Patient, a metal worker, said that he was a passenger in Falleni's car after a party at Kaitoke. The defendant was quite sober. Witness was in the back seat with Mr. and Mrs. Love and the baby, which he was holding. The speed of the car. at I Lower Hutt was 35 miles an hour, at I a rough guess. He saw nothing prior ! to the collision, and was dazed by a ; blow on the head. When he came to, I he was in the car, still holding the i child. _ _ i Constables F. O. Jensen, C. E. I Tanner, and C. J. Dwyer also gave I evidence. I "The evidence satisfies me that the child received the injury as a result of the accident," said the Magistrate, replying to a submission by Mr. Gai> t>ett- _ ,_. ' The accused pleaded not guilty, and was committed to the Supreme Court for trial. Bail was allowed m the accused's own recognisance in the sura \ of £25, ———