DRIVER ACQUITTED

New Zealand Herald, Volume LXXV, Issue 23175, 22 October 1938, Page 16

DRIVER ACQUITTED

DEATH OF PASSENGER CAR'S CRASH INTO POLE NEGLIGENCE CHARGE FAILS [from our own correspondent] HAMILTON. Friday After'a lengthy retirement, the jury in the Supreme Court at Hamilton today returned a verdict of not guilty in the case in which Thomas Lewis Joseph Neill, boot repairer, aged 30, of Manunui, was charged with recklessly or negligently driving a motor-car on the Taumarunui-Mauunui main road on June 19 and causing the death of William John Jamieson, a labourer, aged 36, of Taumarunui. Accused, who had pleaded not guilty, was discharged. The car Was being driven toward Taumarunui on a Sunday afternoon when it left the road and, after crashing into a telegraph post, overturned. Jamieson was a passenger in the car and died a week later from a broken baek<

The case was heard before Mr. Justice Blair. Mr. H. T. Gillies and Mr. J. R. Fitzgerald represented the Crown and accused was defended by Mr. J. F. Strang. Constable W. E. C. Bruce, of Taumarunui, said accused told him that just before the crash the wheel seemed to be wrenched out of his hands as if a tyre had blown out. The epeed was not more than 40 miles an hour. Condition of Road Witness added that he found that the tyres were of varying pressure. After rain the road at the scene of the accident would be very greasy and if a car went into a broadsido skid it would be impossible to control it.

Martin Mustchin a motor mechanic, of Taumarunui, said the accident might have been caused by unequal braking. An examination of both brakes of the car showed they were binding on the left side before they gripped on the right. Travelling at high speed, there would be a similar result without the application of the brakes if the tyre pressure was uneven. The road-surface at the point where the accident occurred was particularly bad. Accused's Evidence Accused, giving evidence, stated he had examined the tyres of the car before starting to drive, although ho did not test them with an air gauge. They then seemed to be in order. The car belonged to a friend of his and he had not driven it before. Jamieson had travelled with , him at the request of the owner. : , • Evidence that the road at the scene of the accident was very dangerous in both wet and dry weather was given by the Taumarunui borough engineer, Phillip John Alley. Two witnesses, Henry Francis McLeod. electrical engineer, of Taumarunui, and Dr. Weldy Earl Fisher, of Taumarunui, gave evidence that they had both had an experience similar to that of accused at the same place as that at which the accident occurred, their cars making at least two complete turns before they came to rest. His Honor said it seemed to him that the case was not one of reckless driving. The question whether there was negligence was one for the jury to decide.