SECOND EDITION. SEQUEL TO ACCIDENT

Poverty Bay Herald, Volume LIII, Issue 16373, 22 June 1927, Page 8

SECOND EDITION. SEQUEL TO ACCIDENT

NEGLIGENCE CHARGE DISMISSED A charge of driving a car in deLautour road in a dangerous manner, preferred against John Scott this morning, was dismissed by Mr. l.evvey, S.M. Mr. .). S. Wauchop, for tiie defendant, pleaded not guilty. Senior-Sergeant Fitzpatrick explained that a Mr. Fail-lie was riding along de Lnutour road, and was knocked down by the, defendant’s car, receiving injuries to his leg. When interviewed, the defendant denied all knowledge of the accident. The road was long and straight, and it was still daylight at the time, and' the defendant should have known of the matter. Edward C. Fairlio stated that he was cycling along deLautour road at about 4.45 p.m., keeping to the left-hand side of the road: there was no other traffic on the road. Witness was struck and knocked off his machine by a car coming from behind, and the bicycle was badly damaged. Witness had been in the hospital until to-day in consequence of the accident. Witness heard the approach of the ear only a moment or so before lie was struck. The driver did not stop, but lie took the number, and the car went round the corner. The car came past again and the number was again taken. The defendant had called to see him at the hospital, and said he knew nothing of the accident, but aslcetl the witness to bo as lenient as possible, arid lie would meet him half-way. To Mr. Wauchop: Witness said (here were no children playing on the road at the time. '• Witness, questioned by the senior-ser-geant. estimated the speed of the car at about 25 miles an hour. Benjamin Hii'd stated that he had lent his car to the defendant, and about an hour after tile accident he asked the defendant about the collision, but Scott said he knew nothing about it. Evidence for the prosecution was givon by Ivynnersley Harris, a spectator of the accident, and by Robert Skilling Wallace, who assisted the injured man after he bad been knocked down. For the defence, Mr. Wauchop pointed out that it had not been definitely established that Scott was the driver of the car when the accident occurred. As far as the defendant knew, he did not touch Mr. Fairlio. Ifo admitted that he was driving the car in d elan dour road at the time, hut there were a number of children playing on the road, and lie was keeping a sharp look-out for them. The first he knew of the accident was when a neighbor callpd on him. Tho defendant gave evidence to ibis effect. The Magistrate said he was satisfied that the car concerned in the accident was that driven by the defendant, hut there were also a number of children on the road; and" in concentrating on one danger ho missed another. Under the circumstances lie could not Jiold that negligence had been committed, and the information, therefore, would be dismissed.