AN OPEN VERDICT

New Zealand Times, Volume XLVI, Issue 10610, 8 June 1920, Page 5

AN OPEN VERDICT

DEATH OF MR W. COMBS

THE CORONER'S INQUIRY CONCLUDED.

The inquest touching the death of Air' Willis Combs, who was killed through a collision with a motor lorry in J envois quay ou Alonday, Ainy 31st, was concluded by Ur W. (>. Riddell, S.M., yesterday. Senor-Sergeant Kelly conducted the inquiry on behalf of the police. Air H. E. Evans appeared for Alcssrs Inglis Brothers, the owners of tho lorry, and Air C. A. 1,. Treadwell for thej widow of the deceased. Alexander King, a motor driver in the employ of the Union Steam Ship Co., residing at 35, Austin street, said than on tho afternoon of tho accident ho was driving a motor lorry near Q shed, on Jervois quay. When at Q shed- he was informed that there were some oil cases to be loaded at R shed. He was proceeding to the R shed when he noticed a two-horso lorry against the door. There were other, vehicles passing at the time. Witness did not notice Combs and the other man until he saw them on the road tinder the car. Ho did not see the accident. THE SPEED OF THE LORRY.

Frank Edward Dormvell, clerk, said that at 4.10 p.m. ou Alay 31st ho was driving a motor-ear along Jei’vois quay from the Post Office, ou the left sido of the road. He noticed luglis Bros." lorry in front of him; it was being driven about 12 miles per hour. When nearing Harris street he 1 several other vehicles, including a Union Company lorry backed across a portion of the road. Inglis Bros.’ lorry slowed down to pass the U.S.S. Co.’s lorry. Witness then satv two. men run out from behind some horses, in tho direction of Harris street. The coroner: How far past tho horses’ heads wero they?—Not more than 10 feet.

The coroner: What rate would Inglis’s lorry be travelling at that timo? -—About eight miles air hour. Hr Evans: You did not hear a horn blown ?—No. ■ Well, if the driver says that he blew his horn vou could not deny it? —No; I was behind the lorry. The coroner: What speed was the lorrv travelling at when it struck the two men? —About S miles an hour, or probably less. The coroner: Well, can you account for the lorry going a length and a-half after striking the two men before pulling up?—No, I cannot, but that is correct. THE DRIVER’S EVIDENCE. Malcolm Robertson, the driver of the .lorry, and a labourer in the employ of Ingfis, Ltd., said that he was_ assisting a man named Redmond in the carriage of goods for the station on the afternoon of May 31st. Redmond was the permanent driver of the lorry, but allowed him to drive it along Jervois quay on the afternoon of May Diet- He estimated that, after passing the entrance to Queen’s wharf, ho dl3 not increase the speed beyond 8 miles an hour. At Harris street he saw the Union Steam Ship Company’s lorry standing at right angles across the ((nay. and ho swerved his Vehicle to go behind it. As ho went behind the”lorry lie saw two horses about ten feef away, and he blew the horn. Ho swerved to clear the horses’ heads, and then two men came from behind the horses, and stepped right in front of hia lorry. He closed the* throttle, and put on the footbrake, but the lorry struck both the men, although he tried, to swerve it to the right. In bis opinion, lie was travelling about five or six miles an hour at the time of the accident, and the lorry- went about its own length before it pulled. Up. Redmond applied the hand-brake. The coroner: Did you sec two- other men walking along Jorvois quay?—No. The coroner: That's extraordinary. Mr Treadwell (to witness): How long have you been in the employ of luglis Bros. ?—Two weeks. Yes, and how long bar e you been driving their lorry?—Never before the dav of the accident. Have you over driven a Republic lorrv in Tour life before? — No. Did you tell Redmond when you asked him to let you drive that you were a certificated driver? —I told.him I could drive. Did vou hoar a previous witness, Mr Salek. state that he was nearly knocked down hv your lorry by tho Post Office just before you hit tho two men? —Yes, I did. And 'is that a mistake? —Yes. Do you know that the speed was nearer" 15 miles an hour?—No, not tli at. Will you dear that?—"Vcs. Hie coroner: Don’t go into so much detail, Mr Treadwell; that will come out in later proceedings. Jn answer to Mr Kvans, the witness, ■Robertson, said ho was for twelve months a motor engineer at Masterton, and drove cars in and out of the ” J 'rsli CERTIFICATED DRIVER. John Hercules Redmond, employed bv Inglis Bros., stated that lie was a certified driver. On Alay 31st last ho ,vss with tho last witness and allowed him to drive vlie lorry along Jervois quay. They were at about lw miles an hour. He noticed another lorry back up against tho R shed, and* on going round the lorry, saw a two-horse lorry ahead. Two men walked out from behind the horsedrawn vehicle. "Witness hoard ■ a shout, and applied the hand-brake, but the two men wore knocked over. The coroner: Did Robertson apply the foot-brake?-—Yes. Were the men running or walking? —X cannot really say. ■ Mr Evans: .Was Robertson a capable driver? —Yes. Did he take every step to avoid an accident? —Yes. . The coroner: Did you see the man who jumped dear?. —No. AN OPEN VERDICT. In returning bio verdict, the coroner (Mr Riddell) said that the evidence as to the speed at which the lorry was travelling, and to tho distance between tho inou and tho lorry when they first cartic in sight of one, another, and tho evidence as to tho distance tlic lorry travelled alter striking the men, wua somewhat conflicting, and, for'that reason, and nluo for tho reason that there might be other pro.ceedings, he proposed to bring in an open verdict of death. There was some evidence of negligence, but whether it was enough to establish liability was another question. His verdict would bo that SVillis Combo died from shook following injuries received from being knocked down in Jervois quay by a motor delivery van driven hy Malcolm Robertson. Ho added that whether tho driver was guilty of negligence, or of such negligence as might make his employers liable, avaa a matter that could be determined by further proceedings.