ALLEGED NEGLIGENT DRIVING.

Otago Daily Times, Issue 19260, 26 August 1924, Page 3

ALLEGED NEGLIGENT DRIVING.

EEQTJEL TO MOTOR CAR ACCIDENT. CASE REMANDED FOR ONE WEEK;. A sequel to an accident thereby an elderly man was knocked down by a motor car, sustaining serious injuries, was hoard before Mr H. W. Bundle, S.M., m the City Police Court yesterday afternoon, w.icn Frederick Ernest Scott was charged with negligently driving a motor car on the Main South road. Mr A. C. Hanlon appeared for accused, and pleaded not guilty. Sub-inspector Fraser, who prosecuted, asked leave to amend the charge to ono of driving at a speed dangerous to tae public. Mr Hanlon raised no objection, ond the magistrate accordingly amended the charge. , , , , , . „ The Sub-inspector stated that at a trout 6.5 p.m. on July 26 an elderly man named Thomas Dunn, residing at Burnside, was crossing the road opposite Kano s store, Oroon Island, when accused’s car came along and knocked him down. It was alleged that the car was travelling at about 30 miles an hour, and that it travelled some 50 yards before it was pulled up. ihe injured man was taken to hospita., and had been in serious condition. Thomas Dnnn said bo load been transacting some business in Green Island, and was proceeding to his homo in Burnside. Alter leaving Kano’s stare he began to cross the road, and remembered nothing more until he awoke in hospital the next day. Ho did not seo the motor car approaching. To the Magistrate: Witness said ho was slightly deaf, but his eyesight was laaily good. . Robert Voint said he was walking towards Kano’s store in company with a Mr O’Sullivan about 6.5 p.m. on tho night in question. Ho saw Dunn who was just ahead of him, cross from Kano s shop and it was then that a car oamo round tho corner and knocked Dunn over. Iho car was travelling 30 miles an hour or more. It was on its right side. Alter striking tho man tho car ran off the road, crossed tho railway lino, and was finally pulled up some 80 yards past the scone of tho accident. Witness ram to tho car and tbld accused he had run over a man, and asked him to come back. Although accused denied having run over tho man ho backed his car to where Dunn was lying. Witness then went tor the To Mr Hanlonfi; Witness said he could not explain how he estimated tho speed as he was not an authority on those matters. He did not see the car strike Dunn, but ho saw the man lying on the ground. He admitted he might have fallen down. Michael O’Sullivan, employed at Kempthome, Prosser, and Co., said the motor oar struck Dunn and knocked him down. Witness saw Dunn just ahead of the car. The car was lighted up. It was going at anything from 25 to 30 miles am hour. It swerved to tho left, and wont down over tho (bank. Tho car might have run about 50 vards after knocking Dunn down. To Mr'Hanlon: Dunn was crossing the road at an angle. Witness was on tho left hand footpath. There was any amount of room for Dunn to pass. Mr Hamlon: So that the man must have gone straight on? Witness: It looked like it to me. Continuing, witness said ho did not notice if tho oar were making a noise as it passed him . Constable Hamilton, stationed at Green Island, deposed that, he saw Dunn placet! in a motor car in which Scott was seated. Scott said that when ho got to the first railway line he saw a man ahead of him. He tried to avoid him, but struck him with the right mud guard. Eater Scott o’enied hitting him at all. The two Greggs and Scott were in the car, and the two Greggs appeared to be under the influence of liquor. Witness could not speak as to Scott’s condition. The car had travelled 35 yards after striking Dunn. To Mr Hanlon: Scott was very red in the face, but witness could not say that he was drunk. Some bottles of beer were thrown off the car. Witness loft Scott to drive the injured man to the hospital. Constable Smith said he had taken a statement from Scott, who had said that ho was a motor mechanic. He had gone with the two Greggs to Green Island. On tho journey coming back he said he had two '‘shandies” at one hotel, and had one drink at another. He saw a man walking in the centre of the road, and the man came towards the oar, and Scott swung to the left, but the man walked into the side of the car. Scott stated that ho then pulled up. . Mr Hanlon contended that it had not been proved that accused had been driving at a speed dangerous to the public. Ono witness had only seen the car for a second, when it passed him, and it was ridiculous for him to say that he could Judge the speed of tho oar when he only saw it for a second. He (Mr Hanlon) suggested that tho other evidence was incredible. At 2D miles an hour the speed was not unreasonable for a motor car on a county road, or dangerous to the public. Dunn had walked up against the side of the car. Assuming the oar had been going at 30 miles an hour, where would it have finished? What had happened to the oar was tho best proof of what the speed had been. It it had been going at 30 miles an hour it would have “turned turtle” when it got on the grass. It was in second gear, and was only travelling at 12 or 14 miles an hour. There was nothing to prove that it was going at a greater speed than that. Frederick Ernest Scott, called by Mr Hanlon, said he was travelling at not more than 12 miles an hour. Tho car was in second gear. Ho saw Dunn just as he got to him. The light on the car coming round the bend would not fall on him. Witness swerved to the left. It was impossible, once on the grass, if the car were going at 30 miles an hour, to come back again on to tho road. Even at 25 miles an hour it would have been possible only in daylight. To tho Sub-inspector: He had bad only ibreo drinks, and thought there wefro six bottles of beer in the car. Ho did not buv them. Mr Bundle said that there was evidence of some high into of speed, and also of negligent driving. Accused could have an opnortunity of calling any evidence he wished.

Mr Hanlon said ho thought it was desirable that a plan of the locality should bo placed before the court, and in order to enable this to be done Mr Bundle adjourned the case for a week.