FLEMING RUSSELL'S DEATH

Otago Witness, Issue 3475, 19 October 1920, Page 5

FLEMING RUSSELL'S DEATH

The inquiry into the circumstances leading to the death of Fleming Alexander Russell, who was killed on the night of the 9th on the Berwick road, as the result of a collision between a motor cycle he was. riding and a horse and trap, was resumed at the Courthouse yesterday morning, before the Coroner, Mr J. R. Bartholomew, S.M. Chief-detective Bishop represented the police. Mr Irwin appeared for the relatives of the deceased, and Mr Callan for the driver of the vehicle, Philip Douglas Garside. > After hearing the evidence the Coroner said that at the time of this unfortunate accident Garside, the driver of the gig, was proceeding at a walk, well over on his left or proper side of the road. He had his attention fixed on the light on the approaching machine ridden by Ralston, and the motor cycle of the deceased was running free and not making any noise to attract his attention. On the evidence it was not possible to say whether deceased had! a light on his machine or not, but if there had been a light it must have been showing very faintly. Garside was at fault in not having a light, but it must be pointed out that this road was closed to motor traffic. The absence of a light may have been a contributing cause towards the accident, but .not the decisive factor. It was a motorist's duty, particularly when travelling at night, and particularly when travelling over a forbidden road, if it could be said that he had' any right at all to travel on a forbidden road, to see that he' had a sufficient light to avoid any obstacles. The collision could not have happened if the motorist had exercised care to see he bad sufficient light when travelling at such a rate. The accident had happened on a perfectly level road. For these reasons he could! not .see that any responsibility attached to Garside in the matter. His verdict would be that the oause of death was due to hemorrhage and shook, due to injuries received by deceased when riding a motor cycle on the Allanton-Berwick road on October 8.