DRIVER ACQUITTED

Hawera Star, Volume L, 5 August 1930, Page 8

DRIVER ACQUITTED

SEQUEL TO MOTOR. ACCIDENT. . GIRL WHO DIED FROM TETANUS. (By Telegraph—Press Association.) WELLINGTON. Aug. 4. Liability for the death of a young woman from tetanus as a result of injury in a motor accident could not be placed upon Albert Leonard Smith according to the ruling of Mr Justice Ostler in the Supreme Court to-day. He acquitted Smith also on «• charge of causing bodily injury through negligence.

Smith was charged under the Crimes Act with the negligent driving of a motor car causing tiie death of Dorothy Mary Middleton, thereby committing manslaughter. As an alternative a charge of causing death through negligent driving was laid under the Motor Vehicles Act.

In outlining liis case counsel for the prosecution said that on the night of April 25 Smith, together with a friend, met two young women. Miss Middleton and Miss Doolan, and left Tasman Street in his car for the town. He sat with Miss Middleton in. the front seat. Going along Ta.sman Street Smith, it was admitted in his own statement, was travelling at a speed of 35 miles an hour. On approaching the intersection of Rugby Stre&kjfeinith decreased his speed to 30 niilqgpin hour. A car driven bv some person unknown came from Rugby Street into Tasman Street on the right-hand side of Smith, who. in order to avoid the vehicle, applied the brakes and .swerved to the right. He lost, control of his car, which skidded 70 feet on the uphill grade. The car mounted the footpath. tore down 26 feet of wooden fencing, travelled over a frontage of 15 feet and crashed into a house with ] such force that the vehicle overturned \ As a result of the accident Miss Middleton received a wound in the thigh. Tetanus germs somehow got into the wound and she died in hosnital on Mav 6. .

Dr. George Oscar Jacobsen gave evidence tliat lie attended Miss Middleton after the accident. The wound on her thigh was not dangerous and she had refused to go to hospital. The wound was progressing until tetanus developed. ultimately causing her death. His Honour (to Mr Ma.cassey) : How can you support- the charge of manslaughter against this man in the face ; of the evidence, assuming, of course, that we get the evidence that this' girl died of tetanus? This wound was not of a dangerous nature; it was merely a surface wound on the leg. That being so I do not possibly see how this man can he charged with manslaughter. It seems to me the only thing this man can he charged with is causing bodily injury to this girl through negligent driving.

After hearing argument on this point and evidence the judge directed the jury to find Smith not guilty on the charge of manslaughter and to consider its verdict on the second count. The jury returned with a verdict of not guilty on both counts aftd -Smith was discharged.