MANSLAUGHTER NOT PROVED

Taranaki Daily News, 5 August 1930, Page 9

MANSLAUGHTER NOT PROVED

SEQUEL TO MOTOR ACCIDENT. GIRL DIES FROM TETANUS. • By Telegraph,—Press Association. Wellington, Last Night. Liability for the death of a young woman from tetanus as a result of injury in a motor accident could not be placed upon Albert Leonard Smith according to the ruling of Mr. Justice Ostler°in the Supreme Court to-day. Ho acquitted Smith also on a charge of causing bodily injury through negligence. Smith was charged under the Crimes Act with the negligent driving of a motor-car causing the death of Dorothy Mary Middleton,, thereby committing, manslaughter. As an alternative a charge of causing death through negli<gent driving was laid under the Motor Vehicles Act. In outlining his case counsel for the prosecution said that on the night of April 25 Smith, together with a friend, met two young women, Miss Middle-' ton and Miss Doolan, and left Tasman Street in his car for. the town. He sat with Miss Middleton in the front seatr Going along Tasman Street Smith, it was admitted in his own statement, was travelling at a speed of 35 miles an hour. On approaching the intersection of Rugby Street Smith decreased his speed to 30 miles an hour. A car driven by some person unknown came from Rugby Street into Tasman Street on the right-hand side of Smith, who, in order to avoid the vehicle, applied the brakes and swerved to the right. He lost control of his car, which skidded 70 feet on the uphill grade. The car mounted the footpath, tore down 20 feet of wooden fencing, travelled over a frontage of 15 feet and crashed into a house with such force that the vehicle overturned. As a result of ine accident Miss Middleton received a wound in the thigh. Tetanus germs somehow got into the wound and she died in hospital on Maj’ 6. Dr. George Oscar Jacobsen gave evidence that he attended Miss Middleton after the accident. The wound on her thigh was not dangerous and she had refused to go to hospital. The wound was progressing until tetanus developed, ultimately causing her death. His Honour (to Mr. Macassey): How can you support the charge of man* 61aughter against this man in the face of the evidence, assuming, of course, that we get the evidence that this girl died of tetanus? This wound was not of a dangerous nature; it was merely a surface wound on the leg. That being so I do not possibly see how this man can be charged with manslaughter. It seems to me the _ only thing this man can be charged with is causing bodily injury to thia girl through negligent driving. After hearing argument on this point and evidence the judge directed the jury to find Smith not guilty on the charge of manslaughter and to consider its verdict on the second count. The jury returned with a verdict of not guilty oh' both counts and Smith wa# discharged.