MAN KILLED BY MOTOR-CAR

Taranaki Daily News, 5 August 1930, Page 9

MAN KILLED BY MOTOR-CAR

CHARGE AGAINST DRIVER FAILS. By Telegraph.—Press Association. Auckland, Last Night. The retrial of a motorist necessitated by the disagreement of a jury last week took place in the Supreme Court before Mr. Justice Smith to-day. A charge of negligent driving so as to cause death was "laid against Andrew Smith, aged 38, and it arose from a fatal accident in Ponsonby Road on May 17. At about 6.30 that evening William John Humby, aged 67, of Ponsonby,. while standing in the road was struck by accused’s motor-car and killed instantaneously. . Evidence similar to that at the previous hearing was given by eye-witnesses and others who had heard the sound of the crash' after Humby alighted from a tram. They stated that the only traffic about at the time comprised two tramcars, Humby and Smith’s motor-car. Smith drove on after the accident. Smith, in giving evidence, said Humby seemed to step right in front of • him, and although he did swerve he could not avoid the- man. He estimated his speed at the time at about 20 miles an hour. He did not hear anyone call out to him from the tram-car after the accident. Several witnesses bore testimony to Smith’s sobriety. Mr. Hubble said the two questions for the jury were: Was the driver’s speed a correct one in the circumstances? Did he keep a proper look-out? Counsel submitted that the accused should have seen this man standing in the road. His Honour said the question for the jury was whether Smith acted as an ordinary reasonable driver would have acted. The onus was on the Crown to establish beyond all reasonable doubt that Smith djd fail to take due care. He advised the jury to disregard, entirely what occurred after the collision. He pointed out that Humby was. wearing a light coat which might easily have been difficult to distinguish against the background of the tram-car. After a retirement of half an hour the jury returned a verdict of not guilty and the accused was discharged.