Motorist Convicted Of Negligence

Northern Advocate, 21 October 1938, Page 3

Motorist Convicted Of Negligence

[Per Press Association. Copyright. l CHRISTCHURCH, This Day.

A city garage proprietor, Alexander James Blackburn, was found guilty in the Supreme Court yesterday on ,a charge of negligent driving, causing death. The jury added a strong recommendation to mercy, and found him not guilty on the second second charge of failing to stop and give practical assistance to the injured man, John Anderson. Blackburn was remanded for sentence. Mr D. W. Russell, for the accused, said he proposed to call evidence that Anderson fell out of his bed at the hospital. He asked Dr. A. B. Pearson, pathologist at the hospital, if Anderson’s injury, from which he died, could have been caused by his falling out of bed. Witness said he could not see how Anderson’s death could have been caused in that way. Mr Justice Northcroft directed that on the charge of failing to stop and give all practical assistance Blackburn must not be found guilty. It had been shown in evidence that Blackburn did stop, and did ascertain that there had been an accident. It had also been shown that at the time everything possible was being done to assist the injured man, and that there was nothing further that it was practicable for Blackburn to do. His Honour said that if the jury considered a pedestrian had been negligent in that he did not look about him as he crossed the street this would no! excuse a motorist from responsibility.

The jury retired at 12.55 p.ra. and returned at 3.7 p.m. with its verdict.