LORRY-DRIVER’S DEATH

Waikato Times, Volume 118, Issue 19662, 23 August 1935, Page 8

LORRY-DRIVER’S DEATH

supreme' court sequel. COLLISION IN HAMILTON EAST. NEGLIGENT DRIVING CHARGE. Arising out of an accident on the ■corner of Galloway Street and the main Hamilton-Cambridge Road on April 13 between a motor car and a lorry driven by Hugh Hendon Gillies, of Taupo, resulting in the death of the latter, the' driver of the car, John Patrick Shivnan, of Otoro'hanga, was charged in the Supreme Court at Ha.millon yesterday with negligent driving causing death. Mr Justice Callan was on the bench- Air 11. T. Gillies led the prosecution and Air J. F. Strang appeared for accused. In opening the case Air Gillies stated that there was no suggestion of the accused having been drinking prior to the accident-

Dr. D. F. Price of the Waikato Hospital, stated that Gillies was dead when he was admitted to hospital- He died from a fractured skull and severe injuries on the right side of the body. Constable V. C. Naylor, official police photographer, deposed that he took measurements of the scene of the accident and he produced a plan. He also produced photographs of the truck and car overturned and separate enlarged photographs' of the damage to the vehicles. The jury then visited the scene of the accident and the luncheon adjournment was taken. Constable Naylor said he could detect no marks made by the car, but marks 43 feet in length to the point of impact were made by the truck.

Archibald Silvester. Alathieson, foreman mechanic of the Hamilton Borough Council, said he was in his house at the corner of Galloway and Naylor Streets and out of the window he noticed a car pass travelling at an estimated speed of not less than 30 miles per hour. He then heard a crash, and on going outside saw an overturned lorry, a car, and a man lying on the road. Witness said ho examined the damaged 'vehicles and it appeared that the truck had struck the car below the left front seat. To Mr Strang, witness agreed that visibility at the intersection had not been improved by the bus shelter which was erected. Shivnan was on the wrong side of the road at the point of impact, according to the plan. He did not Consider the truck was travelling at a high rate of speed. Zoe Edna Court, single,, stated that she saw Gillies’ truck proceeding to Cambridge from her window on the opposite side of the intersection. The truck was on its correct side and travelling at an average pace-of. not morethan 25 miles per hour. Witness said she also noticed Shivnan’s car. which was proceeding faster than the truck. She heard neither vehicle use a horn. Owing to illrabss the evidence of Patrick Roach was read. Witness said he saw a car travelling along Galloway Street at a fast rate of speed. He did not see flie accident. Evidence by Charles Lambert, architect, and Louie Norman -Sargent, service station proprietor, concluded the -case for the Grown. The case was adjourned until this morning.