AN OPEN VERDICT

Dominion, Volume 12, Issue 253, 21 July 1919, Page 2

AN OPEN VERDICT

IN RINTOUL STREET FATALITY WARNING TO MOTOR-CAR DRIVERS \n onen verdict was returned by Mr. W. G.' Biddell, S.M., at the conclusion of tho inquest held on Kathleen Mary Gpeen. on Friday, who died as a result of injuries received through being knocked down bv a motor-ear in Kintoul Street on Tuesday morning, July 15. Tho deceased was a passenger by a tramcar travelling from Lynll Bay to the oily. The tramcar stopped opposite tho Newtown Library, the deceased alighted, and as she was crossing to the footpath sho was knocked down by a motor-car drivon bv Walter Dell. The deceased died almost immediately, as a result of the injuries sustained. ' Police Sergeant Crnickshank conducted the inquiry, Mr. 11. P. O'Leary appeared on behalf of ]}ell, the driver of the taxi, and Mr. P. J. O'JJegan watched proceedings on behalf of the relativos of deceased. In addition to (he evidence previously given, George- M'C'iiine, tramway cmulovee., corroborated tho statements made bv eve-witnesses. Coustable C. Joss stated that he measured the distance the motor-car skidded, and found it to be 72ft. At this , stage tho Coroner asked whether the police intended to call tho driver of tho motor-car, and Sergeant Criiinkshaiik intimated that ho did not think Dell desired to make a statement. Mr. O'Kegan submitted that Dell oiisrht to bo-called, and Mr. O'Leary said that his client was quito prepared to give evidence, and was thereupon called. Dell stated that lie was licensed by the Cilv Counsel to drive a taxi-cab, aml had been in that. occupation for about two , months. He drove an Overland ear, which weighed between twenty-seven and thirty -hundredweight. On Tuesday moraine he took a faro to Eintoul Street, and was returning to the city when tho accident • occurred. Ho was following .the tramcar, and as it stopped at tho library ho reduced speed from fifteen iiiles an hour to twelve miles per hour. He did not seo anyone board or leave the tram at tin's stage, but a. few seconds later lie , saw tlio deceased alight. He sounded his electric )iorn, and put on I;!ig brakes, which should have pulled the car up within three-parts of its ■lfiMth.. The brakes failed to act as an.tieinated. and ho did not stop till just in front of tho tram. He was not aware that the brakes were out of order. Ho was crippled in one hand, but it did not interfero with .his driving, although on occasions he was not able to get the gears in. In answer to Mr. O'Regan, Dell said tbat when ho did not see anyone leavo the car he did not' increase tho speed. Hn was unable to etato why the brakes failed to.act, as they, wero in good order three days, previously, when they were examined.-. To the Coroner: He applied the footluake. hut ho was unable to apply the hand-brake, ,as he jvas holding the vlienl. John C. Laverock, taxi-driver, who was travelllus in the tram, said that he eaw Dell's taxi, which was travelling at nbout oighl: miles per hour. Ho contemplated jumping from the tram into tho taxi. Witness saw Doll manipulate his brakes and gears. In his opinion tho croasv surface of the road blocking would not allow' tho brakes to act so that they would hold the car. This concluded tho evidence, and Jlr. -O'tean said that as it was probable that Dell would not bo cal|ed upon to appear in another court, he requested the noronw to add a rider or eomo recommendation in respect to Ihe danger which existed when vehicles passed tramcars. ! H.e was a- frequent passenger on trams and had witnessed ninny narrow escapes. Dell had a, crippled hand and was not in a position to control a motorcar properly. Evoryone wa9 desirous of helping returned soldiers, but they should be given some form of employment whore they would not be a danger to tho public. Ho trusted that the Coroner would make some observations as to the need for more care to be taken in granting motor-car licenses. In delivering his vordict the Coroner ssid that the evidence in the case went to show the necessity for drivers of motor-cars to exerciso tho greatest care possible while they were in charge of their vehicles. As everyone knew, a motor-car was a vehicle of considerable weight and attained a- ftreat speed. It was easily controlled, and drivers should exercise great care and have such control of their charge that they would bo able to bring it to n, standstill at once. Accidents of this kind wero becoming very frequent. It was not,so long ago that he held an inquest on a man who was ldlled iby a motor vehicle. When approaching a tramcor which was nearing a stop drivers of motor vehicles p.hbuld know that passengers on the tram might alight, and they must control their vehicles accordingly. They must reduce their speed in ordet—to avoid the danger of striking the passenger?. There was a duly upon every motor-car driver to see. that his machine was in proper order. Had the brakes of this particular motor-oar "been in proper order on the morning of July 15 the accident might have boen averted. Tho physical condition of the driver ■went to ehovr that he was not competent to exercise proper control over his emergency brakes. Had he had proper control he might havo- Raved deceased's life. He had had very little exnorienco in driving, and this fact should have •made him more careful. If a driver of a motor-car failed to apply tho brakes he was guilty of. negligence. There were by-laws in existence regarding tho position of motor vohioles approaching tramcars, and these were framed to protect passengers on the trams, and drivers must take this fact into coiteideration. It was a, most unfortunate accident. Tho deceased lady left her home m tho morning iii good health, goin? to do some mes=«ge. She stepped off the tramcar at the Newtown Library, and as far as the evidence showed, no sound of warning of an approaching; vehicle was heard. Sho was then struck by the motor-car and killed. The verdict would ba thot the deceased, Mrs. Kathleen Mary Green, died as a Tesult of. injuries received thronnh being knocked down and run over by a motor-ear driven by W. Dell. The verdict would bo an open ono. although from oiie cause or another thero was somo negligence on the part of tho driver Doll.