ACCIDENT SEQUEL

New Zealand Herald, Volume LXXVII, Issue 23791, 19 October 1940, Page 8

ACCIDENT SEQUEL

NEGLIGENCE CHARGE VAN DRIVER ACQUITTED SEQUEL TO FARMER'S DEATH [from our own correspondent] Hamilton. Friday An accident on the MorrinsvilleTahuna main highway on July 4, in which a young farmer, Vernon Charles Young, aged 21, was struck by a motor-van and killed, had a sequel in the Supreme Court at Hamilton. A van driver, Edward Harold Alexander, aged 39, appeared before Mr. Justice Blair charged with negligent driving and thereby causing death. Mr. J. 11. FitzGerald prosecuted, while Mr. K. McGregor appeared for the defence. Mr. FitzGerald said Young was walking home along the highway on July 4 at about 5.10 p.m. He was wearing a dark coat and light coloured trousers. Visibility was not good at the time, and complete darkness had almost descended. He was passed by a lorry with two occupants, one of whom was facing the rear. J3oth saw him, although they may have been assisted by the lights of the van approaching behind him. The lorry passed the van at the top of a dip and shortly after the sound of an impact was heard. Investigation showed that the van had struck Young and killed him. The main question to be considered was what degree of visibility accused had when proceeding up the rise. Following a short adjournment after the conclusion of the Crown's case, His Honor said he had grave doubts as to whether there was sufficient evidence on which accused could be found guilty. The jury had the right to bring in a verdict without retiring. Alexander was acquitted without the jury leaving the box and without the defence being called upon to present its case.