ISLAND BAY FATALITY

New Zealand Times, Volume LIII, Issue 12455, 25 May 1926, Page 4

ISLAND BAY FATALITY

NO EVIDENCE OF NEGLIGENCE INJURIES ACCIDENTALLY CAUSED. That there was no evidence of negligence either on the part of the driver of the motor-car (Hr H. H. Flanagan) or of the driver of the tramcar (Motorman Brown), was the finding of the coroner (Mr E. Page, S.M.) in regard to the death of Frederick Jones, aged 79 years, who died on May 12th as the result of injuries received on the Island Bay parade, near Wakefield Park, on the previous evening, through being knocked down by a motor-car and then struck by an oncoming tramca* Mr J. O'Shea represented the City Corporation, and Mr H. F. O'Leary Motor man Brown (tho driver of the tramcar). Mr E. P. Hay appeared on behalf of Mr H. H. Flanagan (the motorist), while Mr A. M. Cousins watched proceedings for the relatives of the deceased. CONFLICTING EVIDENCE Frederick Joseph Sears, a passenger on the tramcar, gave evidence that in his opinion the tramcar travelled down the hill at about 30 miles per hour. The car appeared to strike something soft at the foot of the hill, and then the brakes were applied. Witness was unable to remember whether the motorman sounded his gong before the accident. James Griffith and Robert William Karberry, other passengers, also stated that in their estimation, tho tramcar was travelling at 30 miles per hour. The motorman sounded the gong all the wav down the hill. , The laTter witness made the suggestion that the City Council put in a compulsory stopping place at Dover street for down trams. The coroner stated that he would forward Die suggestion to the proper authorities, Vivian Crerer, another passenger on the tramcar, in reply to Mr O'Shea, stated that he considered tho tramcar to have been travelling at about 15 miles an hour. Mrs N. V. Rankin, another passenger, gave corroborative evidence in regard to the moderate speed of the tramcar. The main question I have to consider fa whether there has been negligence on the part of either driver, said the coroner. Dealing first with tho motor-car, the evidence shows that there is a dark patch in the road, which at this place ie inclined to be narrow. Flanagan was travelling at a reasonable speed when tho deceased suddenly appeared from out of this dark patch, close in front of his ear. I think tlio driver of the motor did his best to avoid the man. In regard to the tramcar there is a considerable conflict of evidence as to the speed at which it was travelling, varying from 15 miles to 30 miles per hour. I am of tho opinion that its speed was not excessive, nor has it been established that tho driver was negligent. I think it unlikely that he could avoid striking tho man. Them is no suggestion as to any equipment of the tramcar being defective.