TE AROHA FATALITY

Hokitika Guardian, 31 August 1928, Page 1

TE AROHA FATALITY

A LEGAL DISTINCTION. (By Telegraph—Per Press Association.) HAMILTON, Aug. 30. A case arising out of a fatal accident at To Arolia was concluded at the Supreme Court to-day. John Walker, driver of the lorry which capsized on July 14th. causing the death of a woman named Hina Turawaho, was found guilty of negligent driving, and not guilty of drunkenness while in charge of a motor. He will be sentenced to-morrow. Mr Justice Blair, summing up, said there was a legal different* between being in a state of intoxication am. being drunk. -4 man might be in a state of intoxication walking along a road, yet not liable to bo locked up for drunkenness. He might, however, legally be regarded as in a state of intoxication when he happened to be in charge of a motor vehicle if lie had inbibed sufficient liquor to render hffn incapable of properly performing the functions of a motor driver. There was evidence that the prisoner had imbibed seven or eight small whissvs and there was evidence that after the accident, the prisoner did little to assist lifting the lorry off the unfortunate woman who had a broken neck. On the other hand they had medical evidence that he was able to successfully go through tests for sobriety two hours after the accident. The velucle, the evidence showed, was ill equipped. In law there was no difference between a man driving a well equipped vehicle badly and driving a badly equipped Vehicle with care. The driver was negligent who knowingly took on a public road a vehicle in a defective state. Prisoner knew the brakes were ineffective and that the wheels “shimmied.”