NOT LIABLE

Hokitika Guardian, 6 August 1930, Page 3

NOT LIABLE

DEATH OF PASSENGER. DECISION IN WELLINGTON CASE. WELLINGTON, Aug. 4. Liability lor cue death ol a young '■'woman from tetanus- as a result of injury in a motor accident, could not he placed upon. Albert Leonard Smith, according to the ruling ol Mr Justice Ostler in the Supreme Court to-day. He was also acquitted on a charge of causing bodily injury through negligence. Smith wap charged under tiie Crimes Act with negligent driving of a motor car and causing the death of Dortliy Mary Middleton, thereby committing manslaughter. An alternative charge of causing deatn through negligent driving, laid under the Motor Vehicles Act was preferred. Mr P. S, K. Macussey, Crown Prosecutor, with him Mr Evans Scott, conducted the prosecution. • Mr Scott in outlining the case said that on the night oi f April 25 accused, together with a friend, met two young women, Miss Middleton and Miss Boolan, and left Tasman Street in his car for town. He sat with Miss Middleton in the rront seat. Going along Tasman Street, accused, it was admitted in his own statement, was travelling at a speed of 35 miles uui hour. On approaching the intersection of Rugby Street, accused decreased his speed to 33 miles an hour. A car driven, by some person unknown came from Rugby Street into Tasman Street- on the right-hand side of accused, who, in order to avoid the vehicle applied his brakes and swerved to the right. He lost control of his car. He skidded 70 feet on an uphill grade, the car mounted the footpath, tore down 26 feet of wooden fencing, travelled over a frontage of 15 feet and crashed into the house with such force that the- vehicle overturned. As 7 a result of the accident, Miss Middleton received a wound in the thigh. Tetanus germs somehow got into the wound and she died in hospital on May 0. George Oscar Jacobsen, medical practitioner, gave evidence that lie attended Miss Middleton after the acoident. The wound oil her thigh was n,ot dangerous and she had refused to gp to hospital. The wound was progressing until tetanus developed, ultimately causing death. His Honor to Mr Macassey: How can you support the charge of manslaughter against this man on the face of the evidence, assuming of courjse, that we get the evidence that this girl died of tetanus? This wound was hot of a dangerous nature. It was lherely -a surface wound on' the leg. That being so, I do not possibly see how this man can be charged with manslaughter. It seems to me the only thing this man can Ik> charged with is causing bodily injury to this girl through negligent driving. After hearing argument on this point and evidence, his Honor directed the jury to find accused, not guilty on the charge of manslaughter and to consider its verdict on the second count.

The jury returned with a verdict of not guilty on both counts and accused was discharged.