COMMITTED FOR TRIAL.

Waikato Times, Volume 106, Issue 17268, 14 November 1929, Page 7

COMMITTED FOR TRIAL.

ALLEGED NEGLIGENCE.

DEATH OF OSCAR LARSEN.

TAMAHERE ROAD FATALITY. Arising out of the coronial inquiry into the circumstances of the death of Oscar Larsen, aged 57 years, a man of no fixed abode, who was knocked down by a car on October 26, while he was walking along the Tamaherc Flat, the driver of the car, Noel D. Robertson, was charged in the HamilV ton Magistrate’s Court to-day, before Messrs W. F. Mason and J. H. Gittos, Justices of the Peace, with negligent driving so as to cause the death of one Oscar Larsen. Accused, who pleaded not guilty, was committed to the Supreme Court at Hamilton, for trial. Mr J. F. Strang appeared on Robertson’s behalf. The depositions taken at the inquest ■on Thursday were read and sworn to by the witnesses. Taken Only Possible Course. Harold A. Williams, clerk,, crossexamined by Mr Strang stated that when accused was 30 yards away, he had sounded his horn, for the benefit of the pedestrian. Robertson' to his mind had taken the only possible course to avoid deceased. Robertson had travelled along the Tamahere Flat on his correct side, and at a speed which witness did not consider to be excessive. Harry Morris, cashier at the Public Trust Office, examined by Mr Strang, said he did not consider it possible for Robertson to pass Larsen on his (Larsen’s) right-hand side. The Pedestrian dived and the car swerved at 1 the same time. Constable Kirby, in answer to Mr

Strang said it was impossible for him, * when he arrived on the scene, to discover from marks on the road the exact point of the impact.

Plea by Counsel. Mr Strang, addressing the Bench, stated that it was for Their Worships to say whether they considered the evidence strong enough to warrant them sending his client to the Supreme Court. The statement of his client contained the only evidence to warrant such a course. At the recent inquest, the Coroner had held that Robertson had not been keeping a proper lookout. Evidence showed, however, that he had been travelling at a reasonable speed and that he was at all times on the correct side of the road. All agreed that he could not have missed Larsen had he endeavoured to pass him on his (Larsen’s) right-hand side. Robertson had started to veer over to his left some considerable distance before he collided with the pedestrian and this surely was sufficient evidence that his client had been keeping a good look-out. It was not fair, said Mr Strang, to judge a man on his own statement —a statement which had been taken when he was upset and not in a fit state of mind to give a clear account of what had happened. Robertson had the lives of those in his car to consider, and he had taken the only course open , to him —that of swerving to his left 1 into the ditch at the side of the road. By sounding his horn he showed that he had seen Larsen and that he had been keeping a proper look-out. The Bench, in committing accused to the Supreme Court for trial, stated that it realised its obligations. A pedestrian had certain rights which had to be observed by a motorist. This was a case in which a pedestrian was walking in the middle of a road on which cars were approaching from opposite directions. They considered that it would be better for the matter to go to the Supreme Court —the most satisfactory course for both parties The case was one involving important issues. Bail was granted in one surety (self) of £IOO.