CHARGE OF NEGLIGENT DRIVING.

Otago Daily Times, Issue 19001, 25 October 1923, Page 2

CHARGE OF NEGLIGENT DRIVING.

POLICE CASE COLLAPSES. A LEGAL POINT RAISED. The Police Court was occupied during the latter part of the morning yesterday in hearing the charge against Sarah Ann Watt of negligently driving a motor-car on the Main South road at Wingatui on September 8. Mr W. G. Hay appeared for the defendant, and Senior-sergeant Mathieson represented the police. Dr C. Williams said that a man named James M‘Donald was admitted to the Hospital on September 8 suffering from wounds to the face. His condition indicated gome lesion of the brain substance over the left ear. He had also a depressed fracture of the skull. M‘Donald still attended the outpatients’ department at irregular intervals. He was far from being completely cured, however, and his ability to road, speak, and write were seriously impaired. James Emerson M'Donald, motor salesman, said that he left Dunedin by car on September 8 to attend the Hunt Chib’s races at Wingatui, and reached the course close on 12 o’clock.

The car, which was driven by a man named Ovens, was backed into the grass on one side of the entrance, and witness alighted to get the tickets for admission to the course. There was another car in front at the time and witness passed about two yards in front of it. The next thing he saw was defendant’s car bearing down upon him. Witness jumped back but was too late to avoid the collision.

Herbert Griffiths, caretaker of the Stock Exchange buildings, said that he was inspector of the gates at Wingatui on September 8. He had a complete view of the road leading to the racecourse. He estimated the speed of the car defendant was driving at between 25 and 30 miles an hour. Ho based this estimate only on the noise of the engine, which was apparently in second gear. Defendant drove through the gate after the accident, missing the left-hand post by inches, and pulled up on the grass. Witness turned round and saw M‘Donald lying on the road. He asked Mrs Watt what had happened, but ho could not remember definitely what her answer was. lie thought she mentioned something about her foot having slipped. To Mr Hay; The accident did not happen on the road, but on a piece of ground belonging to the Dunedin Jockey Club. William Pearce Smith, taxi proprietor, said that the - defendant was too close to M'Donald when she first saw him to pull up in time to avoid knocking him down. At this stage the Magistrate pointed out that it was apparent from the evidence of the witnesses that the accident did not occur on the public highway, but. on the property of the Dunedin Jockey Club. The police had to prove that the accident did occur on the public highway. Ho did not see any reason for hearing further witnesses if this were the position. ... Senior-sergeant. Mathieson maintained that the scene of the accident was publio property. It was not fenced off and was available to the public any time. If the Magistrate would consent to his calling further witnesses ho would prove that this wore so, failing which he would submit to the ruling of the court. Evidence was next given by Peter Torrie, taxi driver. On the day of the accident he drove some passengers out to the Hunt Club’s meeting. When he pulled up outside the motor paddock he left plenty of room for other cars to pass. He considered that Mrs Watt’s car was travelling at 20 miles per hour. The engine seemed to be racing. In reply to Mr Hay, witness admitted that it was difficult to judge the speed of a car by the way in which the engine was running. . . . t John Wilson Ovens, taxi driver, said that he drove the witness M'Donald to the Wingntui course on September 8, and arrived there in time for the first race. He saw the accident, and was of opinion that the car which knocked M'Donald down could have been stopped in less time than that occupied. ~ , David Smith, insurance agent, said that he saw a car coming in from the rear of the road leading to the motor paddock. The car seemed to be travelling at an excessive speed, and the engine was roaring. He did not think the driver of the car had any difficulty in passing Tome’s car. It appeared to him that, the driver of the oar did not have it under proper control. Constable Harvey next gave evidence. The fences which stood there to-day, he said, were in the same position as they were SO years ago. ~ , . . Constable Finlay (Mosgiel) said that he considered that the road on which the accident opuarred was a iviblic highway within the meaning of the Act. Evidence was also given by Constable Weir. . . . ~ The Magistrate, in reviewing the endence said that the exact; legal area had not been,defined. It was for the prosecution to show that that particular area was a public highway. The' Main road ran past the Dunedin Jockey Club’s property. and the ground fronting the entrance was an area off the Main road. He did not need to make an exact finding, because it had to be proved that that particular area was a public highway. This had not, been done, and therefore the information would be