TAXI-CAB FATALITY

Dominion, Volume 12, Issue 267, 7 August 1919, Page 5

TAXI-CAB FATALITY

CHARGE OF MANSLAUGHTER

DRIVER COMMITTED FOR TRIAL

A charge of manslaughter was preferred against Walter Dell, driver of the taxicab which caused the death of _ 'Mrs. lutherine Mary Green on July 15, in the Magistrate's Court yesterday. Captain Henimli ajid Mr. j" W. Ellison, J.P.'s, were on tho Bench, ami after hearing the evidence committed tho accused to the Supreme Court for trial. Police-Inspector Maraick conducted the prosecution, and Mr. G. W. Mellish appeared on behalf of the defendant. . Inspector Marsack said that the prosecution arose out.of tho death of Mrs. Green, who died as a result of injuries received through being- knocked down by a taxi-cab driven by the defendant. The deceased lady had left her house at Ki'.birnie on the morning of .ruly 15, and caught, a Lya'l Bay ivamcar Wind for the city. Tho tram stopped opposite tho Newtown Library in Riddiford Street, and the deceased alighted, and as she proceeded to the footpath she was run over .by the taxi-cab, sustaining injuries which caused her death almost immediately. The inspector referred to the city by-law which provided that a motor-vehic-le which had been following a tramcar should not pass on the near side of that tram when it enmo too. stop. The by-law further provided that such motorvehicle might either pass tho stationary tram on the off-side or come to a stop in the rear of the tram, except in casss where there was a distance of 17 feet or more between tho tram and, the edge of the footpath, in which case a motorvehicle might pass the stationary tram at a speed not greater than four miles an hour. In his own evidence at the inquest, tho accused admitted that he was following tho tram at a speed of about 15 miles, per hour, and as tho tram stopped at the library ho reduced speed to 12 miles per hour. Further, according to the statements made by witnesses, tho accused was travelling from ten to fifteen miles ner hour, and did not check Iris speed till he saw the woman step from the tramcar.

Continuing, tho inspector said that as tho distance between the tramcar and the edge of the footpath was 19 feet, the accused was entitled to proceed at a speed not exceeding four miles per hour. Evidence was then called. Dr. Buckley, house surgeon, Wellington Hospital, said that when tho deceased was admitted she was suffering from extensive injuries to the head, and he could not say from her condition whether she was then alive or dead. However, 6he was dead shortly after admittance.

The ether evidence was identical to that given at tho in-tuest which was he'd by Mr. W. G. Riddell, S.M., on July 17 and 18 last. The witnesses were John Green (husband nf deceased), Albert Edward Turner (motorman of the Lyall Bay tram), Arthur 'Sherwood (tramway employee), Herbert Bates (insurance agent), George M'Oiiiie (tramway employee), a-nd Constable C. Joss.

Eye-witnesses of the accident stated that there was considerable traffic on the road at the time, and it was possible that the accused had sounded hi; horn or hell, 'but they did not hear it.

Counsel for the defence said that he did not propose to call evidence at this stage, and contended that the ease for the prosecution was not strong enough to, spnd his client to the Supremo Court. The accused had not seen anyone alighting from the tram nnti'l he was practically abreast of tho rear end' of (he tram, and he then endeavoured to pull up, but, as shown by the evidence, the brakes only acted on one wheel, and the taxi skidded on. . The accused had sustained an injury to one hand, and notwithstanding such injury the City Council had granted him a license to drivo a taxi, and tho presumption was that he was considered a fit and proper person to drive a taxi. o

Tho accused pleaded not guilty to the charge, and tho Bench, considering tho ca.se to lw one for the Supreme Court, committed him for trial accordingly. Bail was allowed in the sum. of ,ESO and two sureties of £I*> each, as Inspector Mnrsaek said that the prosecution did not press for substantial bail. The accused was a decent, respectable young man.