MOTOR CAR ACCIDENT

Otago Daily Times, Issue 18625, 5 August 1922, Page 3

MOTOR CAR ACCIDENT

ACTION BY POLICE. Charles Grattan Ship! was brought before Air 11. W. Bimdlo, S.M., at the City Police Court yesterday on a charge of having negligently driven a motor car in Princes street and was represented by Mr J. B. Cal I an. Constable Cochrane stated that about 7.45 pm. on Juno 25 ho had been on duty in Princes street and heard a crash in the neighbourhood of Braithwaite’s. He wont to investigate and found a woman lying on the tram rails and a motor car pulling oyer to the aide of the street. It was raining hard at the time. Ho at once telephoned for the ambulance, and while waiting interviewed the driver of the motor car. Witness did not notice if the woman had a hat or umbrella. She had apparently been going to the Post Office from\Jackson’s Hotel in Princes street. John William Watsom, engineer, said he had been a witness of the accident, and when- ho saw the woman she was lying six feet or seven feet from the kerbstone. He did not hear the horn of the motor car blown. It was a very wet night, and he did not think that the motor car was travelling fast. The woman’s head was pointed towards the City Hotel and her feet were towards Braithwaite’s. To Mr Gallon: Ho thought the injured woman was lying closer to the kerb than the previous witness had indicated. Sergeant M'Mahon said, that defendant had made a statement to him which was to the effect that his oar was travelling at 12 miles an hour and bad lights burning on it. It was a very wet night and he was leaning out of the driver’s side of the oar so as to get a clear view of the road. The wind shield w'as slightly fogged. A woman ran out from the left kerb. He did not see her before she was right in front of the oar, and the right-hand front wheel ran over her legs. He did not blow his horn. The brakes of the car were in good working order. Agnes Maxwell M'Farlane, residing at Middlomaroh, said she came to Dunedin to meet her son. She stayed at Jackson’s Hotel, Princes street, and went out about 7.30 to post a letter at the Post Office in Dowling street A tram oar passed along Pnnoea street going in the direction of South Dunedin, and a motor oar came along and knocked witness down while she was crossing the road, at a slight diagonal, at the bade of the tramoar. She told the man in the motor oar after the accident that he had not blown his ham. She was removed to the Hospital, and had been an inmate of that institution for 52 days. To Mr Callan: It was a wet night. The tram oar was nearer the Octagon than Jackson’s when she come out Tho tram car was on the City Hotel side of Princes street. When it had gone past witness looked down the street before the accident happened. Mr Callan contended that the information ought to be dismissed. There was a conflict of evidence as to where the injured woman was at the time of the accident. What the alleged negligence on the part of tire driver of tho motor oar consisted of was not very dear. If he was on his correct side, and Watson said he was, there was nothing in his not sounding his ham. He had'said it was a dirty night and that he was looking round his wind screen in order to see the traffic. Defendant gave evidence in conformity with what had been said by him to Sergeant M‘Mahon. A sister of defendant stated that she was in the cor at the time of the accident. The rain on the wind screen obscured a eight of the woman. Witness saw her just as the car struck her. The oar went on for about a length and a-quarter, and) drew into the.'pavement. Mr Bundle said an unfortunate accident had happened by which Mra MTarlane had been injured. The weather was thick and the oar had run into her. From an© point of view she had run into the oar, and from another the car had run into her. Tho question was whether the car had been driven negligently, and he (the Magistrate) was unable to say from the evidence that there had been negligent driving. It was true the driver had not sounded his horn, but there was no evidence that he was going at an unreasonable speed, and no evidence that he had seen hire MTarlane and should have sounded his hom. He (Mr Bundle) could not find that defendant hodi been guilty of negligence and the case would be dismissed.