MAGISTRATE'S COURT.

Hokitika Guardian, 15 January 1926, Page 3

MAGISTRATE'S COURT.

FRIDAY, JANUARY loth. (Before W. Meldrum, Esq., S.M.) LORRY ACCIDENT CASE. (Before TV. Meldrum, Esq.. S.M.) The Police charged Edward Senile (1) that on November Llth on Ivanieri road he he did negligently drive a motor vehicle and thereby cause bodily injury to James Ivilcullen; (2) that he drove a motor vehicle negligently ; (3) that, lreing the driver of a motor vehicle, when an aeident occurred, he did fail to report same to the nearest police station. The first charge was an indictable one.

Mr El cock appeared for defendant, Scrgt. McCarthy for the police, while Mr Murdoch appeared to watch the case for James Ivilcullen.

George Bansgrovc deposed he was a carting contractor of Hokitika, employed l>v the Kokatahi Timber Company at that time, to cart timber from White’s Road to Hokitika. Drove a four-ton Leyland lorry. On Saturday November llth left White’s road about 5 p.m. with a. load of timber of about I tons. There were the yardman, an employee of Perry’s mill and James Ivilcullen. who went out with witness aboard. The timber was loaded on the lorry end on. Some of the timber projected from the rear of the lorry. Was in the driver’s seat. Low and Coyle on the seat, and Ivilcullen on the floor of the lorry with his feet on the step. The place where the accident occurred was in a straight about two miles long, witli a gentle grade down. Was travelling about 9 to If) miles an hour. Saw Chesterman’s milk car coming towards him. When lie met this vehicle -witness slowed down into the next gear and gave as much space as possible unit to pass. The approaching car was also running slow, (i to 8 miles an hour. Was not aware at this time of any other vehicle being behind witness. Asked the driver of Chesterman’s ear if he had plenty of room. Just as laasked the question lie felt a tremendous hump from behind. Heard Kileullen sing out and groan and witness stopped the lorry immediately. Told the others to get out as quickly as possible. The load was driven through the tank and forward through the c-ah and jammed Kih-ullen and caused witness to he unable to“ leave the lorry, and caused the injuries to Kih-ullen who was subsequently removed to the hospital. When witness got- out lie went to the assistance of Kih-ullen and thou saw that the injury was caused by a lorry at the rear of wili;ess’s lorry. A brother of the driver of the lorry came forward and witness spoke to him. Saw the driver of the lorry, lie was sitting at the wheel, apparently not doing anything. It was Edward Searle. He made no effort to hack- his lorry. Witness knew of no reason at all why the lorry should have run into the lorry of witness. Did not hear any motor horn sounded. Had a reflector on his lorry. Searle’s lorry was two ton Leyland lorry. TTc had a boiler on. To Mr Elcoek—There were several pieces of timber projecting from the rear of Ihe lorry. Two pieces were driven forward. Then- were other pieces tha I projected the same distance. The road was a fair one. according to Coast roads. The down road was not perceptible at this point. Would not swear that Chesterman’s

i-iir was stopped at this time. There was ample room for Chesterman’s ear and witness to pass. 55 it ness changed gears about 000 yards away from t'hostel-man's car. Did not apply the brake before slipping into the third gear. Witness tried to drive as carefully as possible. He made it a practice of slowing down when passing car*. He stopped in 12 to II feet from the time of the impact. By the time (io had slopped he was ahead again of the other lorry. The other lorry was ten I I to 20 feet away from witness’ lorry. The road was a lairly busy one. and one was always expecting traffic. The timber was driven forward about 2ft. Gin., only two sticks. Searle after the accident, rendered ail possible assistance, and took the injured man to the doctor. To Scrgt. .McCarthy: The two pieces of timber were 4 x 2. They smashed the cabin, broke the lank and broke one of the uprights. IJr Bruce Bail'd deposed he remembered James Kih-ullen being brought to his surgery about 0 p.m. on Nov. llth. His injuries included extensive bruises on the side of the chest, a fracture of the Btli. 9th. and Kith. ribs. One or more of these had pierced the left lung causing severe bleeding. Rc was very severely shocked. He did fairly well for two days, when the bleeding that had temporarily stopped recommenced and far two or three days 1 urther his life was in great danger. Alter that he made a steady recovery. His present condition shows a thickening of the plnra over (lie left lung, and there is a deficient expansion of llii.s lung. There is also a tendency to pressure over the same area, due to damage of the chest wall. The injuries would he consistent with a piece of Ix2 being pressed violently on to the hodv.

In Mr Elcock - A very considerable force would be necessary to do the llama,go. Greater pressure would have crushed him more.

I hoinas Chcstci'man deposed lie was a dairy farmer at Kanieri. He was i his car when William Singer was driving on Nov. 14th. Felt the car pull up, practically off the road, and saw two motor lorries approaching. The ear pulled up. with the engine running. There was plenty of room for the lorries to pass. The first lorry approached at about 10 miles an hour and appeared to he easing up. He heard the bump of the collision of the two lorries. Could see tho result. The 4 x 2’s wore marked when they were struck. Assisted to get Tvilciillen out. Kilcullon was jammed by the tank that was driven forward and the front of the cab. Went to the back of the lorry and saw what had happened. The injuries were eaused by the driving forward of the two pieces of timber. Edward Searlc was tbe driver of tbe second lorry. Showed Searle what- lie-' caused Hie accident. Searle did not say anything. It was a straight road for a full mile, with no obstructions to drivers, with plenty of room for two ears to pass.

To Mr Elcock careful driver to ease up. The hlorry struck tbe front lorry when tbe last, one was about 20 feet from witness and it stopped v.hen level v. i- ! - the ear of witness. He considered that the second lorry was running too dose to the back of the front lorrv. As soon as the impact took place tho hack- lorry stopped and the front lorry went on about 20 feet. Searle hail full control of his lorry. The two sticks hit were projecting a little farther than the ro=t of the timber. After the impact they were in about level with the rest of the timber. AAllliam Singer deposed lie was a dairy assistant at Kanieri employed by Mr Chestrman. On Nov. 14th. was drirng a motor car along the Kokatah road. As he turned the corner approaching Whiley’s house saw another lorijy (approaching. A let the lornhalf' a mile further on. Bansgrove was driving, AA’hen he got within half a chain witness went into Tow gear and stopped. Bansgrove was then about 20 or 30 feet away, Th?re was

plenty of room on the road. Saw Searle’s lorry behind. There was not' ing to stop the view of each other. ; Bansgrovc was going about 8 to lmiles an hour. He slowed down when passing into third gear. Searle was 10 to 12 feet behind the other lorry when witness approached. The second driver did not slacken speed. Witness heard the crash and saw the benzine fall into the road. To Mr Elcoek—First saw the lorries about a mile away. The two lorries were then about three chains apart. Thomas Coyle deposed he was a winch driver at Kokatahi. He came in on Bansgrove’s lorry. He helped to load the lorry with oxl, Bx2 and 4x2. Some of the timber projected 4 to 5 feet over the end of the lorry. sYitness sat by the driver. Saw an approaching ear turn to the side of the road. Bansgrove slackened speed when 10 to 20 feet away. Did not know another lorry was behind. The hump was the first indication of anything wrong. Tt jammed witness and the driver in. Found Kih-ullen had Ik-c-ii injured.

Henry James Lovett deposed he was a carpenter of Horcpo. Assisted to load a boiler on Searle’s lorry at Kokatahi. They had two drinks before the lorry left, the men having got wet in the creek. Searle was absolutely sober when lie left. James Kih-ullen deposed he was employed at Malull’s brewery. On November 14th lie went-out with llansgrovc for a |-ide. Coming back lie was sitting on the floor of the rah ol the lorry. Hid not know there was a lorry behind. Saw a motor car conic along and Bansgrovc eased up. 55 itness was then injured by something. He asked them to get the timber off him and remembered no more. Had been an inmate of the hospital for some time as a result. Constable Kennedy deposed he interviewed the defendant on lfitli ol November and obtained a statement (prodined) from him. \ Lit,- Harold Nam-ekivel! deposed lie was a carrier residing in Staflord Street, ft-- was sent for and went out in Kanieri. This evidence was overruled as not applying, being after the accident had happened. Defendant reserved his defence, and pleaded not guilty. 11.- was committed 1,, Hu- Supreme Court for trial till March 3rd. Bail was allowed, himself in £IOO and one surety u! £K>O.