YOUNG GIRL'S DEATH

New Zealand Herald, Volume LXXII, Issue 22108, 14 May 1935, Page 11

YOUNG GIRL'S DEATH

HURT IN MOTOR ACCIDENT WOMAN DRIVER CHARGED VERDICT OF ACQUITTAL* Charges of negligently driving a motor-car so as to cause death and of negligently driving the car so as to cause bodily injury were preferred against Mrs. Jessie Crunden (Mr. Colliding) before Mr. Justice Reed in the Supreme Court yesterday. The charge was a sequel to an accident that occurred in Westney Road, Mangere, on November 23, when Evelyne Hollinshead, aged 14, while riding a bicycle, was struck by a car driven by Mrs. Crunden and subsequently died in hospital. Mr. R. Meredith, for the Crown, said the victim of the accident, Evelyne Hollinshead, was riding on a bicycle along the road with her .friend, Gwenda Addis. They saw a small car approaching, and suddenly it sAvung on to the wrong side of the road. The girl Addis swung to the right and escaped, but the car struck the girl Hollinshead on the grass to her 'eft, where she had gone to escape it. Mrs. Crunden stated immediately afterwards that the accident was her fault as she had been stooping down to pick up a bag that fell between the seats. Cause of Death It was found at the hospital that the girl had suffered a depressed fracture of the skull. An operation was performed on December 8, but she died suddenly on December 10. In a statement to the police afterwards, Mrs. Crunden said the left-hand door of her ear llew open and she made a grab to save her purse. It was then that the car swerved. Dr. K. MacCormick said the obvious cause of death was shock and hemorrhage following the operation, which was a necessary one. There was very little question that had there been no operation the girl would have lived. The operation was necessary to save her from the after-effects of the injury, such as epilepsy, and not to save her life. Several witnesses gave evidence on the lines of counsel's statement. Norman Sutherland, motor engineer, said that on December 13 he found the brakes of Mrs- Crunden's car poor and needing adjusting. Ihe door locks were poor. Evidence of Driver Giving evidence, Mrs. Crunden said she had driven the car involved in the collision for four years or more. When the left-hand door was properly shut it did not come open. There was about £2O in a purse on the seat near her. The door flew open and she saw the purse slipping away and made a grab at it. The car seemed to swerve sharply. Gwenda went to the right and witness thought Evelyne would go in the same direction, but she turned to the left and met the car. , Mr. Goulding said the accident had occurred because both Mrs. Crunden and the child decided at the same instant to turn on to the grass. His Honor said he would direct that the evidence would not support a conviction on the first count of causing death, for the evidence was quite clear that death would not have followed except for the operation. His Honor said the negligence alleged was confined to a momentary act Ihe test of negligence was not what a super human being would do, but what tho ordinary mf:n in the street would do. If thev thought the accused s conduct, although very unfortunate was not unreasonable, they would find her not gU After a brief retirement the jury returned with a verdict of not guilty, and the accused was discharged.