NEGLIGENCE—CAUSING DEATH

Evening Star, Issue 23099, 27 October 1938, Page 17

NEGLIGENCE—CAUSING DEATH

STUDENT ACQUITTED [Pee United Press Association.] CHRISTCHURCH, October 26. Hillgrovo John Cosset, a medical student, of Sumner, was acquitted by the jury in the Supreme Court to-day on a charge of negligent driving, causing death. The trial occupied little more than an hour, and the jury was in retirement for about 15 minutes. The trial arose from the death of an elderly pedestrian, Mrs Selina Elizabeth Mason, who died from injuries received when the accused’s car knocked her down at the intersection of Peterborough and Victoria streets late one night. Mr C. S. Thomas represented Gosset. There was no sinister or nasty aspects of the case, Mr A. W. Brovtn, who prosecuted, said. It was not disputed that the car was on its correct side. There was no suggestion that it was going at any great speed. The headlights were burning, and the car was in good order, nor was there any suggestion of any liquor on the part of anyone concerned in the accident. The young man concerned was decent and reputable. The only question for the jury to decide was whether at the moment of the accident or for a few moments preceding it the accused had been negligent in not keeping a proper lookout. The Crown called several witnesses. Mr Thomas claimed in his address that the accident had been one of those unfortunate happenings for which neither the pedestrian nor the motorist was to blame. The conditions at that corner on that night had been such, ho claimed, as to excuse the motorist for not seeing the women, who had been dressed in dark clothing. RETRIAL ORDERED CHRISTCHURCH, October 26. In the case concerning Harold Edward Bell, a company manager, the jury returned a verdict of not guilty on the charge of negligent driving, causing injury, and disagreed on the charge of failing to stop after an accident and render assistance to persons injured. On the application of the acting Crown Prosecutor (Mr J. D. Hutchison) a retrial was ordered by Mr Justice Northcroft, and was tentatively set down for Monday next.