NEGLIGENCE—CAUSING DEATH

Evening Star, Issue 23094, 21 October 1938, Page 13

NEGLIGENCE—CAUSING DEATH

GARAGE OWNER FOUND GUILTY [Per United Press Association.J CHRISTCHURCH, Oct. 20. Alexander James Blackburn, a city garage proprietor, Was found guilty in the Supreme Court to-day on a charge of negligent driving, causing death. The jury added a strong recommendation to mercy, and found him not guilty on the second charge of failing to stop and g've all practicable assistance to the injured man, John. Anderson. Blackburn was remanded for sentence. Dr A. B. Pearson, pathologist at the Christchurch Hospital, who conducted the post-mortem on the body of Anderson, gave evidence that death was due to septic inflammation of the left leg and to the poisoning spreading from it. There was a simple fracture of the left leg and a fracture of the skull. For the accused, Mr D. W. Russell said that he proposed to call evidence to show that Anderson fell out of his bed at the hospital. He asked Dr Pearson if Anderson’s injury from which he died could have been caused by his falling out of bed. Witness said he could not see how Anderson’s death could have been caused in that way. ■ „ Called by the defence. Dr M. G. Louisson said he examined Blackbum at the police station on the night of the accident. He could not smell any alcohol on his breath. Blackburn Was sober . Herbert John Wakeham said he was a patient at the Christchurch Public Hospital When Anderson was admitted. His bed was opposite Anderson’s, arid on the day after Anderson’s admission he was speaking with him. He seemed to be rallying Well. Thai night, or in the early hours of next morning, Anderson fell out of bed, and had to be lifted back. Next day his condition was much worse. Mr Justice Northcroft directed that on the charge of failing to stop and give all practicable assistance Blackburn must be found not guilty. It had been shown in the evidence that Blackburn did stop and did ascertain that there had been an accident. It had also been shown that at the time everything possible was being done to assist the injured man and that there was nothing further that it was practicable for Blackburn to do. His Honor said that if the jury considered the pedestrian had been negligent in that he did not look about him as he crossed the street this would not excuse the motorist from responsibility. „ __ , The jury retired at 12.55 p.m. and returned at 3.7 with its verdicts. >