ROSLYN MOTOR FATALITY

Otago Daily Times, Issue 21688, 5 July 1932, Page 5

ROSLYN MOTOR FATALITY

VERDICT OF ACCIDENTAL DEATH ROAD DANGEROUS TO TRAFFIC In the Law Courts Building yesterday an adjourned inquest was held before Mr H. W. Bundle, S.M., into the circumstances .attending the death of Conrad Harry Excelsior Struck, a school teacher, who died in the Dunedin Hospital on Monday afternoon, June 27, as the result of injuries received on the same day in Roslyn when his bicycle collided with a motor car. Counsel appeared for the relatives of the deceased and for the driver of the motor car. Sub-inspector Cameron acted on behalf of the police.. Counsel for the motor car driver, with the permission of the coroner, put in a plan of the road where the accident happened. Constable Crawford, who was called to the locality after the accident, said the point of collision was in Highgate, a little south of Oban street. The surface of the road south of Obap street was quite good. There were potholes on the tram line and about two feet out from the line. The roadway was approximately 26ft sin wide, with tram rails on the western side, the rail being 4ft 4in from the footpath. About 60 yards north of Oban street Highgate was under repair, A motorist travelling south along Highgate would, therefore, be forced on to the tram line.

The coronet said he had that morning looked at the road in the locality of the accident. He noticed a number of potholes, James Gordon Bennett, labourer, at present unemployed, residing at Balmacewen road, Maori Hill, said that about 12.30 p.m. on Monday, June 27, he was on Highgate near. Garfield avenue. He saw a motor car going south. It was on its correct side, and just before the collision with the bicycle it swerved to the right. Witness had also seen the cyclist, about half a block away, riding steadily The motor car was travelling at from 15 to 20 miles an hour. The cyclist was not on his correct side when witness saw him. Witness then saw the bicycle hit the car. This point was about 12 feet from the channel on the east side of the road. The car was on the point of stopping when the bicycle struck it on the left-hand front mudguard. Witness saw the cyclist go over the handle bars of the bicycle and fall on the road. The cyclist had his head down, and lifted it just as he hit the car. . Counsel for the relatives: Did it seem to you that the car was on its wrong side and the cyclist was trying to avoid it?—Witness: They seemed to be trying to dodge each other. The collision happened in the middle of the road?—Yes. . To counsel for the motor car driver. Witness heard the horn of the motor car and the sound of its brake at the same time. Witness was satisfied that when he saw the cyclist first the cyclist was riding on the good part of the roacL - Donald Stephens, clerk. Railways Department, residing at 16 Dumblane street, Roslyn, said he saw the motor car on the centre of the road approaching Oban street from the north; the motor then turned to the right until its right-hand wheels were close to the first rail. V\ i - ness saw the cyclist on the centre of the road, travelling towards Maori Hill, the. car was then 70 yards away. The cyclist came along and turned to his right, which took him to his wrong side. He then turned to his left. He appeared to have realised that he was on the wrong side, and wanted to get on his correct side It was then he hit the car. The motoiist was travelling at a medium pace. He pulled up promptly after the accident. To counsel for the motor car driver. The cyclist came along from the south, riding zig-zag to escape the potholes. When he veered to the right he went within four feet or five feet of the eastern channel: he then went back to his left, and it was then the accident hapPe ßona Catherine Simpson, aged Columba College pupil, residing with her parents at 69 Belgrove crescent, Roslyn gave evidence as to the position of th motor car subsequent to the accident. Elizabeth M'Kenzie Begg. aged 16 J ei J rs ’ Columba College pupil, residing with her parents at 43 Ross street, Roslyn, said she was a witness of the accident, which took place near the centre of the road. When she saw the bicycle hit the front ol the motor car she turned away. W hen she next saw the motor car it had its back wheels between the tram lines. Evidence was also given by Dorothy Green, aged 14 years, pupil attending the King Edward Technical College, residing with her parents at 22 Oban street, Roslyn; Ngaire Green, aged 15 years, sister of the previous witness; and Dorothy Anderson. aged 15 years, Columba College pupil, residing with her parents at 18 Littlebourne crescent, Roslyn. Andrew Thomas Sutherland, plumber, residing at 65 Mechanic street, NorthEast Valley, said he was on the scene just after the accident. He saw the car facing west, with the front right wheel on the eastern tram rail. The tracks of the motor car, which was coming from Maori Hill, showed it had been travelling on its correct side. Witness did not notice the track of the bicycle. To counsel for the motor driver: He distinctly saw that the car had sharply swerved to the west. There was a skid mark of 2ft or 3ft, showing that the brakes had been applied hard. Charles Leslie Glendining, of 16 Wales street, Maori Hill, mill mechanic, said he was driving his car in Highgate on Monday, June 27, travelling south. Approaching Garfield avenue he had to drive over the tram lines to get past an obstruction. He then went back to his correct side being 2ft or 3ft from the footpath. He saw a cyclist coming towards him with his head down. When the cyclist looked up he saw the motor car, and then turned towards the eastern footpath. Witness was then half a chain away from him. At that time witness was on his correct side. Witness went to his wrong side to avoid the cyclist, and at that moment the cyclist turned in to his correct side, and the accident happened. Witness was travelling at 20 miles an hour. His brakes were in good order. The impact took place about the centre of the road. Counsel for the relatives: When you saw the cyclist on his wrong side, 33 feet away, why did you not stop your car? — Witness: He might have been nearer than 33 feet. Would it not have been proper to stop your car?—lt was to avert an accident that I swerved. To counsel for the motor ear driver: The cyclist was on his wrong side, and it was to give him room to pass on his wrong side that witness swerved to his right. Just as witness had swerved the cyclist tried to get back to his correct side. The coroner, in giving his verdict, referred to the condition of Highgate as a public road. He said he thought an obligation devolved on the local authority —the City Council —to see, as the tramline was owned by it, that the surface between the tram lines was rendered reasonably fit for traffic, not only for motorists but for cyclists. He had inspected the road, and ho-agreed with the evidence that the ground between the tram rails had not been asphalted and was pitted with potholes, together with the road near the rails, while in other parts the surface there was not level with the road. It was unfit for cyclists to use, so that a cyclist using the road where it had not been widened had perforce to go to the wrong side. Commenting on the evidence, the coroner said there was no allegation that the driver of the motor car was travelling at other than a reasonable speed. It seemed to him there was no question that the unfortunate occurrence happened owing to the cyclist, who- had been on his wrong side, swerving nut while the motorist swerved practically at the same time, and the two came into collision On the evidence before him he could I only find that the deceased died from 1 laceration of the brain following a fracture of the skull, caused by an accidental collision with a motor car. ! Mr Bundle added that he considered it was" his duty in this ease to append a rider to his verdict. In his opinion, the existence of the tram rails, and, in particular. the manner in which the road between the rails and immediately outside the rails was maintained, rendered the road dangerous to traffic. The local authority—the City Corporation—must take its full share of responsibility for any accident that occurred on the road owing to tlie unsatisfactory conditions of the surface. A copy of the rider, the coroner added, would be forwarded to the City Council.