FATAL COLLISION

New Zealand Herald, Volume LXXIV, Issue 22867, 23 October 1937, Page 17

FATAL COLLISION

death of woman DRIVER FOUND GUILTY CAR'S COLLAPSIBLE WHEEL LENIENCY RECOMMENDED The working of a special collapsible steering wheel was inquired into in the Supreme Court yesterday during the further hearing of a charge of negligent driving so as to cause death brought against Frederick Nicholas Lindblom. aged 37, electrician (Mr. McLiver). It was suggested by the defence ilr.it the erratic course of the car prior to the accident was due to this wheel having been out of position. The accident happened shortly after midnight on May 9, when a motorcar driven by the accused was involved in a violent head-on collision with an inward-bound tramcar on the Great South T?oad, near the Dilworth School. One of the passengers in the motorcar, Mis. Ivy Cavinctt, died in hospital some weeks later as n result of r complication following her injuries. The trial was conducted by Mr. Justice Callan. and Mr. Hubble prosecuted. Demonstration With Wheel A demonstration with the broken pieces of the collapsible steering wheel from the accused's car was given by C. G. Jones, motor mechanic. He said the wheel when he examined it on May 11 was in its correct or central position. If the wheel had slipped forward while the car was in motion ami "the driver had attempted to restore it to position with his right hand the car would swerve to the right. Constable McGuire said that in this tvpe of car the driver could still steer even if the wheel were pushed forward to its fullest extent. / Outlining the defence, Mr. McLiver said the wheel had not been locked and had slipped when accused leaned forward to pull out the choke. The car was out of control until he could get the wheel back into position, and, further, the tyres of the car were gripped for a couple of seconds by the trnTi rails. Accused's Explanation Two witnesses who had knowledge of " this type of wheel were called to say that it moved freely, and the jury was given an opportunity to examine a car equipped with this wheel. In a statement from the dock the accused said that before starting he had pulled the wheel down into position. but had omitted to lock it. Later it was pushed forward, aud this was the cause of the accident. "The ohly way to make the roads safe is to punish those who by neglect , make them dangerous," said His Honor who emphasised that the burden of proof was on the Crown to show that the accused had been in some respect negligent. Juries would be well advised, and it was part of their duty to the public, to be careful that regarding the control of such a danger- * ous machine as a motor-car they did not accept a lax or low standard. After a retirement of 3} hours the jury returned with a verdict of guilty, [ with a recommendation to leniency. An application by Mr. McLiver for bail was refused, and accused was remanded for sentence until Wednesday morning. ' -