FATAL ACCIDENT

Dominion, Volume 12, Issue 150, 20 March 1919, Page 7

FATAL ACCIDENT

MAN KILLED BY MOTOR-CAR CORONER COMMENTS REGARDING SPEED' The circumstances of the death'at the Hospital oil Monday aflornooii of a marTied mail named Robert Hoyward Fisher, 50 years of age, who was knocked down by a motor-car in Constable Street about a quarter to 1 o'clock on -tho slime day, were investigated by the Coroner (Mr. W. G. Riddell, S.M.), yesterday. ' Sergoaut Wade represented the police, aud Mr. H. F. O'Loary appeared for deceased's widow. Dr. Strain, house surgeon at the Wellington Hospital, stated that he examined .deceased when ho was admitted to the institution. Tho man was in a dying condition when brought in and had a cut over his left eyebrow. The skull was also fractured, and tho rite were' badly broken. In addition two bones of tho spine were 'smashed. Deceased died within fivo'minutes of admission. - Mrs. M. E. Cruickshank, an eye-witness of tho' accident,' said that ,at tho intersection ' of Owen Street she saw a stationary tramcar. In front of tho motorcar in whiah witness was driving was another motor-car proceeding to town at a speod of about 15 miles an hour. A man stopped out from behind-the tramcar, appeared to notice the car, hesitated, and took a fow stops to the rear. Ho then went on again, but before tho' first motor-car could bo pulled up ho collided with it and wa,s knocked down. 1

To Mr. O'Leary: Slio did not notice \ the application of tho brakes until, the car had struck the man. The chauffeur had probably: slowed down, but she could not discern any difference in the speed at which tho car was travelling. Evidently tho chauffeur thought deceased was going to_ walk straight across tho road, as ho diverted his car to tho right of the thoroughfare. As a very strong north-west wind was blowing, witness did not know whether tho, chauffeur sounded a warning to tho deceased. •Sydney Leonard, tramway motorman, paid his car was stopped at' Owen Streot. The grade of tho roadway would bo about .1 in 15. .Whilo waiting for tho signal to proceed, he saw a man staggering in front of the car. Witness was not suro whether or not tho man .'was intoxicated, but ho afterwards saw that he wr.s n criuple walking'with tho aid of ft stick. At tho timo two motor-cars. . wore coming down tho |',ill and deceased evidently saw the first ono approaching, for lie' hesitated and tiieu went riri. Tho car collided with him and he rolled over three times underneath it. When -the motor-car pulled up in seventeen yards after striking deceased, the' right rear wheel was resting on 'deceased's body. Witness was sure tho distance was seventeen yards, for ,he measured it. Tho motor-car was travelling at about .fifteen mile 3 ail hour. To Mr. O'Leary: Witness had no doubt ' that tho man walked round in front of , the tramcar. ,' Tho Cororior: Did your car obstruct deceased's view of tho motor-car?— No. . He must have seen it, for ho hesitated. To Mr. O'Leary: As far .as he could ■ ceo there wad' no appreciable decrease in tho. speed of the motor-car. Claude F. Etevenaux, of Owen Street, gave corroborative' evidence. as to. noticing deceased; hesitate, step back,- and then move forward. Witness heard no alarmi ■ round, and ho could not sav. whether, tho speed of the motor-car was slackened.

Charles George Sherwood, jeweller, residing in Constable Street, -who'.-was a passenger on a Seatouh tramcar and a spectator of the accident, said he noticed that tho motor-car sludded for about four yards after deceased was-struck. Ernest tester Mowbray, of Lower Hutt, owner of tho motor-car which struck deceased, stated: that he was sitting, next to hia chauffeur at the time, of the accident. The car was travelling at about fifteen miles an hour, and-they had a clear view of tho road ahead. ; Deceased came round in front of the tramcar and was about twenty feet away when first observed. Seeming, to j-ealiso his .danger! deceased stepped back, but, appearing, to become confused;-.he moved*a few steps forward. Wthen deceased, stepped back the roadway was clear end the speed of tho car was not slackened. . Of course,, when Fisher moved forword.it ivas impossible to _ avoid an accident. The car was travelling midway between the -trani rails and the curb, and was moving down the hill under its own weight, the ; engino being declutched. No warning was sounded. Had deceased continued to walk on 'he would not havo been knocked down. Fisher-iras taken .to the Hospital in witness's car. \ James Heavey, chauffeur employed by tho previous ■ witness, stated'.that when, he saw deceased cross iii front of the tramcar he grasped his motor-horn and' caught-hold of one of the brakes. Tho deceased then moved: back, so witness allowed the car to run on under its own weight. When Pisher. moved .forward again the car struck him, and witness immediately -applied, -tho brakes. - Ju reply to.Mr. O'Learv,. Heavey said he had been driving motor-cers for about seven years. When he first applied the brakes he thought l he must have slowed tho car doiyn. He was travelling at a speed of about fourteen miles an hour. • "Tho evidence in this caso goes to show the necessity {of drivers of motorcars taking the- utmost care when passing tramcars/' said the Coroner at the conclusion of the evidenco. One could never

tell whether a" person who" was on the other side .of a, tramcar would corno into view suddenly, therefore motor -ears should lio run at n very reasonable rate of .speed and should ho completely under control. The drivers must have their cars under such control that llitiy could pull tUom up whonevcr any element of danger presented itself. .In the present case it seoroed to him 'tlmt tho chauffeur, in driving past a stationary traniear at the speed he said ho was travelling at, was taking some unnecessary risk. No doubt tho whole path appeared to bo clour to him when lie came up close to the end qf tho tramcar; but danger came into sight suddenly and tho deceased was apparently confused and startled by the sudden appearance of the motor-ear; The only method by which an accident could have been averted was to have tried to stop tho car. In those circumstances, and seeing that'the'driver bad, to' his mind, laid himself open to an action for damages, he proposed to bring- in iin open verdict. A verdict was returned that deceased died from injuries caused through his being knocked down by ft motor-car,