MOTORIST ACQUITTED

Evening Post, Volume CXXXI, Issue 117, 20 May 1941, Page 9

MOTORIST ACQUITTED

NEGLIGENCE CHARGE

FATAL ACCIDENT AT HUTT

Samuel Joseph Lane, a building contractor, has been found not guilty by a jury in the Supreme Court of negligent driving causing the death of Allan John Barnes at Lower Hutt on January 25. Barnes was killed in a collision between his motor-cycle and Lane's car at the intersection of Montague Street and Fitzherbert Street. The jury was in retirement for twentyseven minutes. . The Chief Justice ■ (Sir Michael Myers) presided. Mr. C. H. Weston, K. C, with him Mr. W. R. Birks, conducted the prosecution, and Mr. W. P. Rollings appeared for the accused. Presenting the case for the defence, Mr. Rollings said the streets in that locality were very narrow and a danger to motor traffic and other users. The accused had been driving with all the care demanded by the circumstances. There was no evidence that he was crossing the intersection or approaching it at anything like 20 miles an hour. Lane stated first to the police that he would not have been exceeding 25 miles an hour going along Montague Street. At the inquest he said his highest speed could not have been more than 20 miles an hour. It was not a case where there was any question of being on the right or wrong side of the road or travelling at a grossly excessive speed, and there was evidence that he had blown his horn. His Honour said he thought the jury's verdict was a correct finding. The prisoner was discharged.