CHILD'S DEATH

New Zealand Herald, Volume LXXIII, Issue 22470, 14 July 1936, Page 12

CHILD'S DEATH

COLLISION WITH TA^I CHARGE AGAINST DRIVER DISMISSAL OF INFORMATION [FROM OUR OWN COnnKSI'ONT>ENT] HAMILTON. Monday A charge of negligent driving causing denth, preferred against a taxidriver, Reginald Horatio Morgan, in the Hamilton Police Court to-day, was dismissed by the presiding justices. The case arose out of the death of a schoolgirl, Beverley Joy Webb, aged o years, who was killed as tho result of a collision with defendant's car when returning home from the Whitiora School on tho afternoon of May 7. The accident happened near tho Rugby Park gates in Scddon Koad. . Messrs. It. T. Rcid and F. Findlav. J.P.'s, presided. Detective-Sergeant J. Thompson prosecuted, and Mr. .1. F. Strang appeared for accused. Evidence was given by two sixth standard schoolgirls that they saw four younger children walking ahead of them on the road. There was ample room for a car to pass. One of the young girls was wearing two hats, and deceased, in trying to recover one of the hats, ran toward the approaching car and came into collision with tho side of tho vehicle. Two workmen gave evidence that they saw the car swerve sharply off the road in an attempt to avoid the collision. All the witnesses were agreed that the car was on its correct side, that it was driven at a reasonable speed, and that the driver did his best to avoid the deceased. Constable P. Watts said that tho statements made by the witnesses coincided with that given by accused. In answer to Mr. Strang, witness said three girls had told him that they heard deceased call out, "Hero's a car. Let ns run across." Deceased, they said, was running across the road when the accident happened. Mr. Strang submitted that there was not tho slightest evidence to justify the Bench sending accused for trial, that in no way had he committed a breach of the motor regulations, and that there was no evidence showing want of skill or care in the handling of his vehicle. To tho suggestion that accused should have stopped, Mr. Strang replied that the emergency was one of sudden creation, and that no driver, no matter how skilled he was, could have stopped in time. The Bench agreed that thero was no caso to send on to a jury, and dismissed tho information.