DEATH FROM TETANUS IN WOUND CAUSED BY MOTOR CAR ACCIDENT

Manawatu Times, Volume LV, Issue 7296, 5 August 1930, Page 7

DEATH FROM TETANUS IN WOUND CAUSED BY MOTOR CAR ACCIDENT

Driver Not Liable, Says Judge SEQUEL TO WELLINGTON ACCIDENT Per Press Association. WELLINGTON, Last Night. Liability for the death of a young woman from tetanus, the result of an injury in a motor accident could not be placed upon Albert Leonard Smith, according to the ruling of Mr. Justice Ostler, at the Supreme Court to-day. He was also acquitted on a charge of causing bodily injury through negligence. Sizitli was charged under the Crimes Act with tho negligent driving of a motor car causing the death of Dorothy Mary Middleton, thereby committing manslaughter. As an alternative, a charge of causing death through negligent driving, laid under the Motor Vehicles Act. was preferred. Mr. F. S. K. Macassey, Crown Prosecutor, and with him Mr. Evans Scott conducted the prosecution. Mr. Scott ill outlining the case said that on. the night of April 25th, accused, together with a friend, met two young women, Miss Middleton and Miss' Doolau ,and they left Tasman street iii'his car for town. He sat with Miss Middleton in the front seat. Going along Tasman street accused, it was admitted in his own statement, was travelling at a speed of 35 miles an hour. Oil approaching the intersection of Rugby street, accused deedeased his speed to 30 miles an hour. A car driven by some person unknown came from Rugby street into Tasman street on the righthand side of accused who, in order to avoid the vehicle, applied the brakes and swerved to the right. 1 He lost control of his cur, which skidded 70 feet, on an uphill grade. The car mounted tho 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 the result of the accident Miss Middleton received a wound in the thigh. Tetanus germs somehow got into the wound and she died in hospital on May 6th. George Oscar Jacobson, medical practitioner, gave evidence that he 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 death. His Honour (to Mr. Macassey): How can you support a charge of manslaughter against this man in the face of the evidence, assuming of course that wc 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 seo how this man can be charged with manslaughter. It seems to me the only thing this man can be charged with is causing bodily injury to this girl through negligent driving. After hearing argument on this point and evidence, his Honour directed the jury to find accused 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 and accused was discharged.