THE AMBULANCE FATALITY

Dominion, Volume 12, Issue 114, 7 February 1919, Page 6

THE AMBULANCE FATALITY

DEIVER- ACQUITTED OF CHAKGE OF MANSLAUGHTER. Arthur Sinclair, formerly employed as an ambulant,' driver by the Wellington Hospital and Charitable Aid Board, appeared in the Supreme Court yesterday morning before Mr. Justice Edivards to - answer a charge of having, on November 9 last, unlawfully caused the death of Dennis Diver, by driving Tiis motor ambulance at an excessive speed in Adelaide Eoad. . ■ Mr. P. S, K. Macassey appeared for the Crown, and Mr. M. Myers, with him Mr. AV. F. AVard, for Sinclair. Mr. AV. E. Houghton was foreman of the jury. Mr. Macassey, in opening, said that there were three reasons to account for tho accident :-(l) In driving the motor ambulance Sinclair did not keep a proper Icok-out and did not see Diver until it was too late to avoid striking him; (2) that Sinclair was driving the motor ambulance at such a rate of speed that it was impossible for him to stop in time; (3) that he tried to pass the wan, believing that, as tho ambulance was travelling at such a speed, he could pa-is in front of him. The evidence given was similar to that ftiven at the inquest and in the Magistrate's Court. Mr.. M. Myers, in addressing the jury, said that the accused, in his efforts to avoid the accident, took the only course that it whs possible for him to take under the circumstances. At that time the city was visited by an epidemic which was raging at all parts, and Sinclair wiw working 16,17, and 18 hours a dny. Later the conditions were better, for a number of other vehicles were converted into ambulances. Sinclair himself was at the time sickening for the disease. Tho circumstances did not show that Sinclair was guilty of negligence, the accident was unavoidable, notwithstanding all that Sinclair did. to avoid it. After a retirement of a quarter of an hour the jury returned with n verdict of not guilty, and tho prisoner was. discharged.