CHILD’S DEATH

Southland Times, Issue 20771, 11 May 1929, Page 19

CHILD’S DEATH

KNOCKED OVER BY MOTORVAN. NO NEGLIGENCE PROVED. (Per United Press Association.) Auckland, May 9. The death of George Summers, aged two years, after being struck by a motorvan in Dominion Road on February 16, resulted in Hector Robert Sommerville, driver of the van, being tried in the Supreme Court, to-day on a charge of negligent driving so as to cause death. The Crown prosecutor said there was no suggestion of insobriety or excessive speed. The suggestion was that accused was, for some reason, not exercising the care and keeping the look out required of him. Evidence was given that the child was pushing a trolley about the middle of the concrete and that the van was travelling at a moderate speed, the front axle striking the boy on the head. Accused in his evidence, said he was intending to stop at his own shop nearby, and was travelling about. 15 miles an hour, lie was keeping a good look out, but he did not see the child until he was practically on it. He immediately applied the brakes and the car skidded. Mr Justice Herdman told the jury -the case was one in which considerable doubt existed and he did not think there should be any conviction but acquittal. He was bound to tell them he did not think it was a strong case or that it would be safe to convict as there were a number of circumstances that might have happened. No one knew how the child got on to the road and when such a matter was in doubt, there should not be a conviction. Hus Honour commented on the difficulties of motorists in having to meet emergencies. No matter how careful they were and to what strict rules they conformed, sometimes an emergency cropped up that made it impossible to avert a tragedy. In the vicinity of schools, signs of warning to traffic were erected showing that the liability of the children to rush off the footpath was recognized. It might be that in this case the driver had been faced with a sudden emergency and notwithstanding the fact that he had been exercising due eare. he could not avert the catastrophe. If they accepted that view then there should be an acquittal. The jury' immediately agreed on a verdict of not guilty without retiring.