MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 888, 6 August 1910, Page 14

MAGISTRATE'S COURT.

(Before, Mr. W. G. Riddell, S.M.) ' WOMAN STRUCK BY MOTOR-CAR. HUSBAND'S CASE FAILS. ■At the Magistrate's Court yesterday, Charles Lowe was charged, on the information of Miohael Head, with driving .a motor-car along Revans Streot, Newtown, on May 20 in a manner dangerous to the ; public. . Mr. S. Kirkcaldie appeared for complainantj and Mr. D. M. I'indlay for defendant, who pleaded not guilty. Mr.. Kirkcaldio for tho prosecution stated that at 2.15 p.m. on May 20 last, 'complainant and-his wifo were ill IteVans Street near the; fire brigade corner, intending to hoard a downtown tram. /While proceeding towards the tram, a motor-car, ; driven by' defendant, came past* at fa high and dangerous speed, struck Mrs. Head, dragged her two or' .three yards, passed over her body, eventually carrying hor about 30 feet from; ' tho spot where she was standing. Mrs, Head's' spine was. injured, 'ono rib and collarbono were broken, and she had also suffered partial paralysis. Since the occurrence she had been in tho • hospital, and 110 improvement had taken place in her condition. Defendant, continued Mr. Fihdlay, came down Revaris Street, knowing that there was a crowd at the usual stopping-place, and as he approached had an uninterrupted view of the people in front of him. Ho failed to sound-his bell or horn, and the car was running silently. Michael Head stated that his wife was within four feet of tho tram, when ho called out to her to look out for tho motor-car. Ho then described tho accident. The car, ho thought, .was travelling at tho rate of about twelvo miles an hour.

To Mr.. Findlay: Ho saw tho police about three weeks after the accident, and was informed that they - were not prepared to proceed with a prosecution. These proceedings were being taken preliminary to a civil claim for damages against the owners of the car (Messrs. Magnus Sanderson).

. John Gilchrist stated the tram and motor-car wore travelling in tiie same direction. When the latter got close to tho tram the driver slackened speed to about five miles an hour, ■ and swerved in towards the. footpath so as to steer clear of tho people who were getting on the car. Mrs. Head stepped back and the car struck her, with tho result that she was lifted bodily and carried about two yards undor it. Immediately tho accident happened tho two brakes wore applied. There was plenty of room for the pcoplo between tho motor-car and tho tram. He considered that the car was being- driven with every care, but did not hear the horn sounded.

Beatrice Gray stated that she saw the car coming in tho distance at a good pace, and noticed it slacken down when near the tram stopping-piaco, but could not givo the speeds. When near the tram the motor-car was being driven very slowly. She.did not hear tho horn.

Dennis Malior considered that when struck Mrs. Head w.ts dragged '23 or 24 feet. He also did uot hear tho horn blown.

Sergeant Mathieson stated that ho examined the spot where the accident occurred and was of opinion that Mrs. Head had ken dragged about '30 feet. Mr. Findlay, for defendant, submitted that the driver would require to be proved guilty of recklessness if plaintiff's case were to succecd. It was as much the duty of pedestrians on a highway to keep their eyes and wits about them as for drivers of vehicles. '

Charles Lowe, defendant, stated that he was coming from Miramar on the afternoon in question, and drove along behind the tram from Constable Street to Hevans Street. The tram stopped there, • and witness turned off .to tho'loft, in order to pass. He slowed down twice, and steered towards tlio footpath at 'the rato of between four and five miles an hour. All the people seemed to have got .into tho car except one or two. Ho sounded tho horn two or three times. The car pulled up when the accident occurred.

To Mr. Kirkcaldie: He considered that Mrs. Head was dragged about nine feet. When he saw that the accident was inevitable he applied the two brakes, and immediately got out t-o assist Mrs. Head.

Ernest David Syme, who was in the car with the driver on the day of the accident, considered Lowe> an exceptionally careful driver. In this casu ho had taken every precaution to prevent an accident.

Corroborative evidence was also given bv Lewis Huswell and S. H. Fox as to the slow rate at which the car was travelling, and tho fact that the horn was blown.

His Worship, in reviewing the evidence, said that the question was ivhethor, under tho circumstances, defendant acted recklessly, carelessly, or negligently. As far" as .the sped was concerned, tlie informant said twelve miles ah hour, but he was satisfied from the evidence that the motorcar was not travelling at such a speed when it approached the tram. There was satisfactory evidence to show that warning, of' the - approach of the car bad been given. The mere fact that a person who his. mind fixed on tho idea -of boarding a tramcar, and fails, to hear the horn of. a motor or* tho road, was not conclusive proof that the driver did not sound tho horn. It seemed, on the whole, that defendant had taken reasonable care. The information was dismissed, and plaintiff was ordered to pay costs amounting to £1 9s, exclusivo of witnesses' expenses,' which were not asked fori "MOVE ON." ' Two fruit hawkers, named John Clarke and James Reynolds, were charged with loitering in Dixon Stroct after hearing the police request of "Move on." Mr. J\ Kelly, counsel for the accused, said that as the, case would involve several questions of importance to fruit hawkers, he would ask for an adjournment till Monday next. Tho application was granted.

WILFUL DAMAGE. Madge Nicliolls appeared on a charge of wilfully damaging a glass panel of a door, valued at 10s, the property of Robert Logan. Accused pleaded not guilty. ' • . Mr. P. \P. Jackson, appearing for accused, mentioned, inter alia, that she had got behind in her rout,-"and had been refused admittance to the complainant's house, where she lodged. After hearing evidence, accuscd was convicted and discharged. INSOBRIETY. : : Thomas M'Laughlin, - charged with insobriety, was convicted and ; discharged, but was fined £2. with' the option of fourteen days'(.imprisonment, for procuring liquor during the , currency of a prohibition order.;', For violating the conditions -of the .order, by entering tho Post Offico" Hotel'- ho was convicted and dischaiged. James Hughes was fined £1, with tho option of -seven clays' imprisonment, for insobriety, and. on a similar charge James Wallace was lined 10s, in default forty-eight ■ hours' imprisonment. . BY-LAW CASES. ' Hugh Douglas was fined with 7s. costs, for riding a bicyclo after sunset without a light. For driving a vehicle after sunset without a light AVilliam Stewart was ordered to pay 7s costs. Joseph Angus pleaded not guilty to a charge of allowing.- offensive; matter, to accumulate on his Evidence was given by two city sanitary inspectors -to tho effect that decayed fruit and manure were allowed to remain on defendant's land, and from which offensive smells had arisen. Defendant contended that- "he had been specially sorted out and persecuted." A fine of £2 was imposed, with 7s. costs. Florence O'Neill- was. ordered to pay, 7s. costs for allowing a .chimney in; her dwelling to catch fire.