NEGLIGENT DRIVING CHARGES

Chronicle (Levin), 27 August 1946, Page 7

NEGLIGENT DRIVING CHARGES

- Press Association

SEQUEL TO FATAL ACCIDENT

By TelegrapU-

CHRISTCHURCH, Aug. 2t3. Two cliarges of negligent driving eausing death, wero p referred againsi Nelson Herwent Cain, bootmaker, aged 25, when he api)eared before Mr. 11. P. Lawry, S.M., in the Magistrate's Courl. He was also charged with not having a | warrant of iithess. j Inquests were lield coneurrentlv into ; the deallis o.f James Toal and Roberi | Jarnes Kelly, who were struck by Cain's car. After hcaring the evidence the ^Iagis j trate dismissed both charges of negli- ' gent driving and imposed a 1ine of .lUs ^ and costs on tlie third charge. Dr. A. B. I'earson, pathologist of the Christchurch Public lios|)ital. said ne coiulucted a postmortem examiuatiou oti tlie body of Kelly and found that death was due to hemorrhage following a rupture of the aorta (lieart valve). There were ollier injuries. Samples sent to J the Uoverument aualyst did not in- j dicate intoxication but there mny luive ; lieen surticient alcohol to interfero witn j tlie inaii 's judgment. J)r. I). T. S.tewart, assistant patholo j gist at Christchurch Public ilospital, \ said he eonducted a postmortem ; exaniiuation on tlie bodv of Toal. Tlie : cause of death was hemorrhage due to j multiple injuries iucluding a rupture of | tlie maiu arteries of the lieart. Tes's! iiulicated that Toal was very probably I in a state of intoxication at the time of j his death. { The evidence of other witnesses was j that Cain's car was travelling at a, reasonable speed and that visibilitv wa.s | bad. There was no evidence that Cain I had had liquor. ( "The only evidence of negligence was a faulty liand brake, '' said the Mngistrate. "and it would havo to bi. [iroved that that was the cause of death. ' ' Acting as coronet1. at tlie imjuest., Mr. Lawry gave verdicts in accordauce with I ihe medieal evidence, adding that. tliej injuries were received when Toal and j Kelly were knocked ilown by a car i drivon by Cain. i