Negligent Driving Alleged

Manawatu Times, Volume 63, Issue 159, 8 July 1938, Page 13

Negligent Driving Alleged

MOTORIST COMMITTED FOR TRIAL A charge of negligently driving a motor vehicle was preferred against Miss Kate Hathaway Dighton Minson, of Waituna West, at the Palmerston North Magistrate's Court yesterday, as the result of a collision between two cars, one driver by accused and the other by T. M. I. Ryder, at tho intersection of the Kairanga-Bunnytliorpo road and Milson line. Mrs Clara Louise Eggers, a passenger in accused’s car, di6d as a result of injuries sustained in the collision. Mr 11. P. Lawrv, S.M., presided. Mr A. M. Gngley appeared for accused and Senior-Sergeant Mclntyre conducted the case for the police. Dr. J. H. North, superintendent at, the Palmerston North public hospital, gave evidence that Mrs Eggers was admitted to hospital at 3.15 p.m. on February 11, suffering from shock and head injuries. She died at 10.33 a.m. on February 12. F. H. C. Eggers, Waituua West, overseer to the Kiritca county council, stated the late Mrs Eggers was his wife. She was in normal health at the time of the accident. Deceased went for a motor journey with Miss Minson on February 11, and witness next saw her in the Palmerston North hospital. T. M. I. Ryder, a farmer of Tokomaru, in evidence said he was driving a car at 2.30 p.m. along the KairangaBunnythorpe road towards Milson line, proceeding from Feilrling to his home, at Toltomaru. Visibility was fine and conditions good. At the intersection of the Kairanga-tJunnythorpo road and Milson line, known as Linklater’s corner, his car was involved in collision with another. He had not seen accused’s car as he approached the intersection. MilsoU line to the left was obscured by a hedge. He was travelling at from 25 t. 630 miles an hour. When he was a chain from tho centre of tho intersection, he saw tho other car approaching. It swerved and he concluded that the brakes had been applied and he moved out into tho centre of the road. The other car came on until level with the front door on the left side of his car. Witness thought accused’s car was going about the same speed as his—from 25 to 30 miles an hour. It was fairly heavy impact. Cross-examined by Mr Ongley, witness said he could have pulled up before the intersection, but he continued on at the same pace. Asked whether lie agreed that the collision took place before ho reached the fence line at tho intersection, witness said he was a fraction before the line of the fence. It appeared that accused’s car would havo to travel a chain and cross the intersection while witness’s car covered a chain. When ten yards from the Corner he discovered that accused’s car was not going to give way and was coming round the corner. He did uofc slow down, but swung over to the wrong side of the road, where the collision occurred. Constable D. Coutts gave evidence relating to the positions of the two cars at the scene of the collision. He produced an explanation by accused. ,T. W. Grindley, engineer’s assistant employed by the Public Works Department, described a plan of the scene of the accident, which ho had prepared from his own measurements. Summing up the evidence, Mr Ongley said tho offence was one of causing death by negligent driving and the only evidence of negligence was that of Ryder, which was not borne out by tho marks on the road or the witness. The whole of the accused’s car was out of the intersection, on the correct side of the road and past the line of the fence. Tt was an unfortunate case in that Miss \ Minson’s passenger was killed, but on the evidence available no jury would convict. Mr Lawry remarked that there was no evidence to contradict Mr Ryder at this stage. There was no evidence that Alisa Minson had cut in, said Mr Ongley. She must have been 20 feet out from the corner. Mr Lawry: Isn’t it more some suggestion of failing to give way? There would have been no accident if she had given way. Mr Ongley: This would not apply because it was not at the corner at all. Ryder must have been a long way back when she got into the intersection. Mr Lawry: It does not depend od who gets into the intersection first. Mr Mclntyre submitted that the case was one of negligence on the part of accused. Mr Lawny thought there might have been negligence on both sides. There was a disregard of the regulation of the right hand rule. There was no evidence of negligence on the part of Ryder. The only evidence was on the matter of cutting the corner, and he declined to dismiss the information. Cornmited for trial at the Supreme Court, accused pleaded not guilty and reserved her defence. On the application of Mr Ongley accused was admitted bail on her own cognizance at £SO.