ACCIDENT CAUSING DEATH

Timaru Herald, Volume CXXXIX, Issue 20105, 11 May 1935, Page 21

ACCIDENT CAUSING DEATH

DR NORTH ACQUITTED OF NEGLIGENCE By Telegraph—Press Association AUCKLAND, May 10. The trial began to-day. before Mr Justice. Reed and a jury, of the Rev. Dr. J. J. North, on a charge of negligent driving, causing death. He was driving to church on Bunday morning, February 24, when his car struck Frederick Cossey (88), who was crossing the road, on his way to church, Cossey died in hospital shortly afterwards.

The Crown Prosecutor said it was not a case of a child running out in face of traffic, but of an old man, who must proceed slowly, walking across tire street, after halting on the footpath to allow the traffic to go by. The evidence would show that, as he started to cross the road, a car was approaching, and simultaneously the accused’s car overtook it. It was clear that accused tried to pass the car in front when approaching an intersection. The old man passed in front of one car, but when in the middle of the road he was struck by the accused’s car. Tire only inference was that accused was not looking ahead of him, and that his mind was occupied with something else.

The Crown Prosecutor said an hour afterwards, the accused called on the Police and said he was the driver of the car, and that he was on his way to hospital to see the injured man. He also handed a constable a statement, which he had not had time to prepare carefully. In this he said he thought it wise to pass the other car, but immediately he did so he ran down the old man, whom he did not see till he was hit. The Crown Prosecutor said the Crown’s suggestion was that no proper look-out was kept. Mr A. H. Johnstone, K.C., for accused, said that ail the evidence showed that the car was being driven at a perfectly moderate speed. No keeping of a lookout was of the slightest avail where an object suddenly appeared in the path.

His Honour said that a person in charge of a motorcar was under a legal duty to take reasonable precautions to avoid danger. The Crown must satisfy the jury that the accused had failed to take such precautions, and that his failure resulted in Cossey’s death. The whole question was: ‘Ought accused to have seen the old man?” After a retirement of three-quarters of an hour, the jury brought in a verdict of not guilty and Dr. North was discharged.