BANK STREET ACCIDENT

Northern Advocate, 18 December 1928, Page 7

BANK STREET ACCIDENT

DANGEROUS DRIVING CHARGE

MAGISTRATE DISMISSES CASE

The sequel 'to an accident which occurred at the corner of Aubrey and Bank Streets .on November 0 was heard at the Whangarei Magistrate’s Court, yesterday, when Daniel Leslie Mason was charged with driving a motor vehicle in a manner whirl], having regard to all the circumstances, was dangerous to the public. (Senior-Sergeant o’Grady outlined the happenings on the night in question. Mr F. Moresby was 'Crossing the road towards the block of shops near Aubrey Street when lie was struck and knocked down by a motor car going at a fast rate, with Mason at the wheel. As a result, of the accident Mr Moresby had been an inmate of the hospital until a week ago. Instances of 'careless driving were very prevalent at present, Fairfax Moresby, a teller employed in the Bank of New Zealand, stated that at about 10.50 or .11 o’clock on tie night in question he was crossing Bank Street from a short distance past Aubrey Street, and after negotiating about half-way he noticed a car coming,, (though he was unable to say definitely at what speed the vehicle was travelling. He became dazzled iby the headlights of the car and 'stood still.' He did not remember anything after being .struck. When he stepped off the kerb lie had

a 'dear vision of tlie street, which was well' lighted. It .was a fine night. At the time he did not see any cars likely to cause accidents. As he crossed the street he had a attack of sneezing and had his handkerchief to his face. He di,d not see any cars iprior to sneezing. When he regained consciousness he was lying on the side of the footpath and he saw Dr Ward holding his left leg. As a result of the aecidenti ho received a dislocation of the left leg, two .broken ribs and subsequent pleurisy. Ho wias discharged from hospital on December 8. Cross examined, he said that he did not know how far away the ear was from him, but ho thought it woul,di be about >2O yards. In the course of sneezing his head was lowered. He was wearing a dark suit with a grey overcoat and white scarf. J. A. Pickering, a confectioner of Upper Bank Street, stated that lie had noticed a person making to cross the road from about Cross Street, in a diagonal line. When Moresby reached the middle of the road, witness saw a car approach travelling at a fair speed towards the town. Ho .saw Moresby throw up his arms in an at tempt to miss the ear, and he did not actually drop y AiUtil hbbut S'even feet from the end of the skid, which was about a chain. The brakes of the car were not applied .previous to the collision. He estimated the speed of ■the car at about 40 miles an hour.

Cross-examined, Pickering .said -that when the accidenti occurred he was standing in his shop and had an uninterrupted view. 'He -was not sure whether Moresby had his back to the ear when. struck. 'Shortly after the accident he had seen another car going down Bank Street at a considerably faster speed than Mason's, “Did the police notice it too?" asked his worship. “Yes, but we could not make out the number. They said they would like to have got it." '(.Laughter). Froni where it was pointed out that Moresby 'was picked up w r as 18ft to the back of the car and 27 feet to the front. The marks on the road w r ere brake rather than skid marks. The corner was a particularly bad one, visibility being very difficult and the lighting not adequate. In an empty ear next day he had pulled up from 20 miles an hour in a car length less (than defendant had done on the night previous. If the car had been travelling at 40 miles an hour, as alleged, Moresby would not have been in court that day. The Senior-Sergeant said he had the authority of a text book on the subject that it was possible to pull up a car in twice or even once of its own length when travelling at a good speed. “If that is so, Senior, I advise you to send it to the museum," commented the Bench.

Mrs Elsie Pickering said she Avas standing ifn front of her shop on the evening of the date in question. She noticed a man crossing the road diagonally towards the shop, and saw him make a scuffling attempt to avoid being struck by the car, whieli seemed to be travelling at a good speed.

Constable J. Mackie testified that he had received notification from Mason that an accident had happened. This was at 11.15 o’clock and ho arrived on the scene a few minutes later. A sketch plan, showing the measured distances w r ns produced. The point of impact was about 15 feet from Aubrey Street. The ear, .-which was well lighted, travelled on 15 feet from the bloodmarks before pulling up. Stating the case for the defence, counsel said that the accident was most inexplicable. Moresby seemed to have appeared from nowhere. The four persons in the car were by no means irresponsible and he was sure that the Magistrate would weigh their evidence. There was an apparent contradiction in the evidence for the prosecution. Moresby said his eyes were dazzled by the approaching car, while Mr and Mrs Pickering said that he was crossing the street diagonally and so had his back turned to the car. Mason had had 15 years’ experience as a driver, and this was the

first occasion he had ever met with a mishap. Defendant said that on the evening the accident occurred he was proceeding from Donald Street, about 10 chains from the scene of the accident. In the car with him were two nurses and his sister. The road was clear, and he was travelling about 20 miles an hour. The first intimation he had that an accident was imminent, was when a man appeared a few feet off. Knowing that a collision w r as unavoidable, he attempted to steer t so that the wheels would mot pass over the prostrate man. In answer to the Senior-Sergeant, witness said he left his home about 10.45, When he first saw Moresby lie at once applied th;e brakes. The accident did not happen after 11 o’clock, and he ; was not hurrying so as to get the nurses in before that time. He did everything in Ills power to avoid an accident.

A nurse at the Whangarei Hospital said that on the night in question she was returning in Mr Mason’s ear, travelling at a slow fate. She did not notice Mr Pickering standing outside his shop. He seemed to emerge from the building. She was supposed to be in at II o’clock,' but was not anxious about it, as there was plenty of time. Witness did not, see Moresby before the accident, although the lights were in good order, as also were the brakes. ,

Miss H. M. Mason, a sister of dc- » . fondant, corroborated the evidence of the previous witness, regarding the occurrence.

The Magistrate, in giving judgment, said that the accident was unfortunate and hard to explain. The charge against defendant was a serious one, and had to be proved beyond reasonable doubt. On the evidence, he was not satisfied that defendant whs guilty, so the information would be dismissed.