NEGLIGENT DRIVING ALLEGED

Evening Star, Issue 22620, 12 April 1937, Page 11

NEGLIGENT DRIVING ALLEGED

WOMAN STRUCK BY TAXI MOTORIST COMMUTED FOR TRIAL Arising out of a motor car fatality on March 25, when Margaret Ford, aged SO, was struck by a taxi in Filleul street and later died in the Hospital, the driver of the vehicle, Ernest Alexander Ellis, was committed to the Supreme Court to-day for trial for negligently driving a car, thereby causing death. The adjourned inquest proceedings were held concurrently ■ with the hearing of the indictable charge, and also a summary charge of driving a vehicle in a manner dangerous to the public. The coroner was Mr J. R. Bartholomew, S.M. The accused was represented by Mr E. J. Anderson, and Mr W. L. Moor© appeared for the relatives of the deceased. The first witness was Norman Frank Greenslade, senior medical officer at the Hospital, who said that the deceased cued at 11.15 on the evening of the accident. In his opinion death was due to severe lacerations of the brain, as the result of a motor car accident. Witness identified portion of a motor car door handle that was taken from deceased’s left thigh. There were also; severe head injuries. Heather M'Culloch, a nurse at the Hospital, who assisted in undressing the deceased, identified the clothing, and said that all the garments were perforated on the left side, corresponding with the injuries to her thigh. Robert Traill Ford, a brother of the deceased, who had given evidence of identification at the opening of the inquest, was recalled. He said that she had enjoyed splendid health, and her evesight and hearing were good. ” Frederick David, a ranger ot the Otago Acclimatisation Society, _ saidthat about 9.15 p.m. he was in hilleul street. Visibility was bad. His attention was drawn to the taxi, which pulled up hurriedly near him, the driver alighting and running back to the corner of York Place. Witness saw a black object lying on the roadway, and the driver picked it up and drove away again. Prior to the_ accident the taxi, in witness’s opinion, was being driven at 40 miles an hour. There was blood on the street, said witness, who added that it was 40 paces from where the car stopped to where the body lay. He v did not hear any warning sound as the car turned from York Place into Filleul street. The lights of the taxi appeared to be in good order, and there was an arc lamp at the corner. To Mr Anderson witness said he was of the opinion that aro_ lamps did not assist a motorist’s visibility at all under such »rainy conditions. ' The taxi was on its proper side and made a definite swing towards the centre of the road as it turned the corner. Witness heard a tyre scream as the car proceeded down the centre of the road. , John Saunders, a passenger in the taxi when it struck the deceased, said that there were two other passengers in the car—persons named Powell and Smith. Visibility was good, in witness s opinion. His first intimation that an accident had occurred was a hump on the left rear side of the car. Witness heard Smith say to the driver, You hit her,” and the driver replied, i believe I have.” The taxi was then pulling np. From the time he felt the, bump to the time the car pulled up it had travelled 20yds, in witness s opinion. The driver alighted from the vehicle immediately and placed the deceased in the back of the car. It was not raining when the accident occurred, and the road seemed dry. _ “ When the accident occurred the taxi was travelling at about 25 miles per hour, said witness. . ~ , , To Mr Anderson, witness said that there was a slackening of speed as the car turned into Filleul street. Herbert John Smith, who was sitting in the front of the taxi, said he first saw the lady 100yds away. She was about a yard from the kerb on the eastern side of Filleul street. Witness described the dark dress of the deceased, and said that after the driver of the taxi had sounded his horn on rounding the corner, she did not hesitate, but continued to walk on. When struck, deceased was lying 14ft on the kerbing from the western side of Filleul street. After witness heard a bump he said to the driver: “ I believe you have hit her.” From where the body was lying to where the car stopped was approximately 30yds. Visibility was good in Filleul street, said witness, and the speed at which the car was travelling was about 25 miles per hour. The windscreen wiper on the taxi was operating at the time of the accident, said witness in reply to a question by Mr Anderson. If the deceased had had normal hearing she should have heard the horn before the car rounded the corner. The road was wet in Filleul street, but .witness did not know whether the street light was causing shadows or not. The taxi was driven well to its correct side all the way, during the journey. Arthur Wimpenny, a motor claims assessor, detailed an examination he I hod made of the taxi. The right front.

off-side door handle was partly missing, and what remained had skin adhering to it. Witness also gave evidence of other marks on the left side of the car. To Mr Anderson, witness said ha examined the locality where the accident occurred the following day, and he noticed a tyre mark lift from the western curb of Filleul street. He knew the corner from York place well, and did not think it likely that a car would be able to negotiate the corner on its correct side at 40 miles per, hour. Constable Irwin, who inspected the scene of the accident, said that ha could see no wheel marks on the street. There was a pool of blood 19ft 6iu from the kerbing in Filleul street, the width of which was 47ft 6in where the accident occurred. Later, he saw the car,- the right-hand front door handle being broken off. A statement made to him by tha accused was produced by Constable Tither, the accused attributing tha fatality to the deceased crossing the road with her head down and not hearing the horn. The Coroner said he did nut intend to comment on the evidence in the circumstances. His verdict, an open one, was that the deceased’s death was due to several lacerations to tha brain following injuries caused by a collision with a motor vehicle driven by Ernest Alexander Ellis. Ellis pleaded not guilty, and was committed to the Supremo Court for trial, bail, being fixed at £IOO iu his own recognisance, and a surety of £IOO. The summary charge was’formally adjourned, to be brought on at seven days’ notice.