CARELESS DRIVER

Dominion, Volume 20, Issue 47, 19 November 1926, Page 12

CARELESS DRIVER

MOTOR-CAR OVERTURNS CART FATAL INJURIES CAUSED Dominion Special. Christchurch, November 18. A plea of not guilty was made by Giffen Murphy, taxi-driver, when he was Charged in the Supreme Court today with having on September 23 last driven a piotor-car negligently at the corner of Armagh Street and Barbadoes Street so as to cause the death of Francis James Holland. Mr. A. T. Donnelly (Crown Prosecu,or) said that a person who drove a car had a duty to exercise ordinary skill an 1 care in the city streets. Holland was driving a milk-cart. Both vehicles were on the proper side, and accused was driving at a reasonable speed behind the cart. He failed to pass it, struck it, and caused it to turn over. Murphy had explained the accident by stating that he misjudged the distance between the two vehicles. He had no right to go on if there was not room to get behind the cart. Counsel for the defence (Mr. Amodeo) said that the Crown had to prove that Murphy was negligent criminally. All that could be said against him was that he committed an unfortunate error of judgment. Mr. Justice Stringer said that it was important that the jury should do what was just. The increased number of cars had increased the dangers to traffic on the streets and drivers of cars must exercise a high standard of care. Murp' was content to go so close to the cart that a foot would have avoided the accident. He struck the cart and caused Holland's death. It was in broad daylight and there was no interference with traffic. In the circumstances, did acexercise the care and caution he should have exercised? After 40 minutes’ retirement, the jury returned a verdict of guilty. Sentence was deferred.