TWO MEN KILLED

Grey River Argus, 27 August 1946, Page 4

TWO MEN KILLED

KNOCKED DOWN BY CAR Driver Acquitted of Negligence P.A. CHRISTCHURCH, Aug. 26. ■ Two charges of negligent driving, causing death, were preferred against Nelson Derwent Cain, a bootmaker,, aged 25, when he appeared before Mr Lawry. S.M., in the Magistrate’s Court. He was also charged with not having a warrant of fitness. Inquests were held, concurrent!'/ into the deaths of James Toal and Robert James Kelly, who were struck by Cain’s car. Aftei’ hearing evidence, the Magistrate dismissed both of the charges of negligent driving. He imposed a fine of 10s and costs' on the third charge. | Doctor A. B. Pearson, pathologist, of the Christchurch Public Hosoital, said that he conducted a post-mortem examination on the body of .Robert Jas. Kelly, and he had found that death was due to haemorrhage, following the rupture of the aorta. There were other injuries. Samples were sent to the Government analyst. These did not indicate intoxication. There may have been sufficient alcohol to interfere with the man’s judgment. Doctor D. T. Stewart, assistant pathologist at Christchurch Public Hospital, said that he conducted a post-mortem examination on the body of James Toal. The cause of death was haemmorhage, due to multiple injuries, including the rupture of the main arteries of the heart. Tests indicated that Toal was very probably in a state of intoxication at the time of his death. Evidence of other witnesses' was that Cain’s car was travelling at a reasonable speed, and that visibility was bad. There was no evidence that Cain had had liquor, the only evidence of negligence being a faulty hand brake, said the Magistrate, and it would have to be proved that that was the cause of death. Acting as coroner at the inquest, Mr Lawry gave verdicts in accordance with the medical evidence. He added that the injuries were received when Toal and Kelly were knocked down by a car driven by Cain.