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TO STAND TRIAL.

NEGLIGENT DRIVING I ALLEGED. DEATH OF PILLION-RIDER. Pleading not guilty to a charge of causing the death of Marin Gladys Kitchener by negligently driving a motor-cycle in Colombo street on October Bth, James Inlfster, a plasterer, of 76 Sandwich road, Beckenham, was committed to the Supreme Court for trial i by Mr H. P. Lawry, S.M., in the Atagis- j trate's Court yesterday. j Mr W. F. Trncy appeared for Ink- ! Bter, and Sub-Inspector P. J. O'Hara ) prosecuted. „ '■ Maurico Sinclair Wells, a house sur- I izcon at the Ghristehurch Public Hos- j pital, said that Marin Gladys Kitchener was admitted to the Hospital at £s,is a.m. j on October Bth. She was then unconscious and bleeding, and died at 4.30 p.m. on the same day. The cause of death was fracture of the base of the skull and laceration of the brain. The injuries could have been caused by her having been thrown from a motor-cycle. I Motor-car Driver's Evidence. Robert George Bradford, of Upper Ricenrton, a carpenter, employed by the Christchurch City Council, paid that on October Bth ho was driving to the Council yards in Sydenham in his car. He turned into Colombo street from Brougham .street, at about 10 minutes to 8. When lie got to the right-of-way ho signalled that he was going to turn to the right and turned. A lot of pushbic- cles were going north, ao he slowed right down. When they had passed he lilted his feet from the brake an' 1 a motor-cycle flashed past in front of him when he was six or seven feet from tho culvert. It was ridden by accused. It was nearly past when some part of the bicycle hit the right-hand front mudguard of his car. The bicycle was knocked over. The girl, who was on the pillion seat, was thrown against the culvert. Witness moved his car off the pavement and went back to look after the girl. Fire Brigade men too* her into (he station and sent lor the ambulance.-.

Question of Speed. Sub-Inspector O'Harn: What tpeed was thffl motorcycle travelling at?— About 30 miles an 1 «ur as far an I could estimate; but I did not get a good view of him. There went a lot of bicycles about and I was watching the traffic on Colombo street and in the right-of-way. . , Witness said that the front wnec.s of his car wen? half-way between the tram-line and the gutter at the time of the accident. The motor cycle was "Oing north. Accußed had told witness after the accident that he had slowed down lit Milton Btreet. The motor-cycle travelled nearly a chain after the impact with tho car before it "truck the gutter. His car travelled eight feet niter tho impact before stopping. Wet Road Surface. To Mr Tracy witness said ho waß in the habit of using the right-of-way :n the mornings, sometimes in a car and sometimes on a bicycle. Council carta came out at about that time. There wan no aide street on tlio opposite side of the rood. There was a lot of traffic going north, but not much going south. He had really had no opportunity or gauging defendant 's speed. Defendant neither admitted nor denied that he was doing 30 miles an hour, lie ineielA said, "I slowed down at Milton street. It was wet on tho morning of the accident. It was not actually raining, but tlio road aurfnee was wet. The only on the car was dent on the righthand mudguard. Constable Itaymond Francis Leith, or Sydenham, said that he examined the road and there were no skid marks. lie took measurements of the locality and mr.de a plan (produced). Tho motorcycle had travelled 51 feet before staking tho culvert. Accused made a statement in which ho said he v.-ns doing about CO miles an hour at the time <>. the accident.

Statement for the Dofenc*. Mr Tracy Baid that even if the prosecution took the most optimistic view there was only the slimmest evidence of negligence. There were only two ways in which Inkster could have been guilty of negligence. One of them waß that ho hud been travelling too fast, and there was no evidence of that. Mr l-.awry: There is no evidence 011 which I could convict him of excessive speed • The other way in which ha might have been guilty of negligence, continued Mr Tracy, was that when a vehicle broke from the south-going stream of traffic, Inkster should have seen it before it had reached the west tram-lines. However, a vehicle travelling at 1miles an hour would take onlv a matter of seconds to do that. Ho submitted that there was no evidence on which a jury could convict. In the circumstances Inkster had done all he could to avoid the accident. 1 Committed for Trial. Air Lawry: This case is not as serious as "some that come before the Court, but I am afraid it will be a matter for tho iury to decide whether the defendant could not have swerved further to the left and so avoided touching the car. Accused will bo committed to the Supremo Court for trial. A further charge of negligently driving a motor-cycle on October Bth was adiourned sine die. Bail was allowed in the sum of iaO, and one surety of £SO.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/CHP19301127.2.25

Bibliographic details
Ngā taipitopito pukapuka

Press, Volume LXVI, Issue 20096, 27 November 1930, Page 6

Word count
Tapeke kupu
894

TO STAND TRIAL. Press, Volume LXVI, Issue 20096, 27 November 1930, Page 6

TO STAND TRIAL. Press, Volume LXVI, Issue 20096, 27 November 1930, Page 6

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