MOTOR CYCLIST’S DEATH

Otago Daily Times, Issue 22986, 15 September 1936, Page 3

MOTOR CYCLIST’S DEATH

JETTY STREET ACCIDENT CAR DRIVERS EXONERATED The adjourned inquest on Mackay Robertson Spence, a single man, aged 32, residing at 24 Oakland street, Anderson’s Bay, who collided with a car and ’was thrown from his motor cycle at the intersection of Jetty and Princes streets early in the morning of August 30 and subsequently run over by another car proceeding south along Princes street, was concluded yesterday before the coroner, Mr J, R. Bartholomew, S.M. The coroner found that the taxi driver who had run over Spence was not culpable, and that the deceased died of internal haemorrhage as the result of sive injuries to the organs of the abdomen and chest caused by being run over by a motor car in Princes street on August 30. . The evidence of Eric William Dyer and his wife, Kathleen Dyer, of Christchurch, driver and passenger respectively of the car crossing from Stafford street into Jetty street and with which Spence collided, had been heard at the opening of the inquest, and was corroborated by later witnesses yesterday. Sergeant Boulton conducted the case on behalf of the police. Mr E. J. Anderson appeared for A. L. Lamb, the taxi driver concerned, and Mr C. A. Hamer appeared for the relatives of the deceased. Dr E. F. d’Ath gave evidence of a post-mortem examination on the body of Spence, and said, in reply to Mr Hamer, that the injuries were consistent with two separate accidents. Harry Child gave evidence that he had known Spence well, and had been in his company from about 3 o’clock on the Saturday. afternoon, the day preceding the accident, until midnight. During the afternoon the deceased had had a “ peter ” of beer filled at an hotel for witness’s father, but did not show signs of having consumed any liquor while in the hotel. Later Spence had taken two drinks in company with /Child’s father. When he left Child’s home at midnight Spence had had no more liquor and was quite sober and perfectly fit to ride his motor cycle. Spence had always impressed witness as being a very careful driver, and he had. never seen him driving his motor cycle while under the influence of liquor. Andrew Clifford Brown, motor and cycle dealer, said that when he examined Spence’s motor cycle on September 1 it was in third gear. The maximum speed in this gear was 50 miles per hour. The front wheel was considerably buckled and the front forks and mudguard bent. Albert Leonard Lamb, the driver of the taxi which had run over Spence, stated that he had been driving motor vehicles continuously for the past eight years. About 2 o’clock on the morning of August 30 he was proceeding south along Princes street with a male passenger in the front seat. The speed of the car was 20 to 25 miles per hour. It was raining, and the street surface was wet and the visibility poor. He saw no object lying on the ground at the intersection of Princes, Stafford, and Jetty streets, and he did not see the constable who was stated to have signalled to him to stop. Witness’s position on the road was about ffiidway between the water channel and the eastern tram lines. When at the intersection, witness said, he felt a bump such as would be felt when driving over a hole in the street. The passenger said something about the bump, and witness turned his car and went back to the intersection. Lamb was definite that he was driving carefully and keeping a good lookout Had he noticed the deceased in the street he could easily have avoided him as there war no other traffic about at the time. When the bitumen was wet at night time it was very difficult to pick an object lying in the street. This was the first accident Lamb had had in his eight years’ driving experience, and during the 24 hours prior to the accident he had taken no intoxicating liquor whatever. Cross-examined by Mr Hamer, witness stated that mention was made of the bump directly it happened. At the time of the accident he had been 13 hours on duty and had had a very busy evening, but was feeling fit at the time and not tired.

Edward Heaney, the passenger in the taxi, gave evidence corroborating that of the previous witness. Constable Thomas Drayton said that on the morning in question he was standing by the telephone box at the corner of Princes and Manse streets, commanding a view of the whole locality, when his attention was attracted to a motor cycle going south along Princes street at a speed which he estimated to be 40 miles per hour. A motor car proceeding slowly from Stafford street into Jetty street had almost cleared Princes street when the motor cyclist struck the car about the rear mudguard, and the cyclist was thrown off his cycle on to the ground and the machine' careered for some distance down Jetty street. While hurrying across the street to the injured man the constable saw a taxi proceeding south from the Exchange and realised that the deceased was in its path, so he flashed his torch several times towards the taxi, but without result, and the near wheels passed over the body of the motor cyclist. Just prior to the taxi reaching the man on the bitumen witness observed him making an endeavour to raise himself. Spence was unconscious when examined, and was later removed to the Public Hospital, but on arrival there he was dead. The taxi driver stopped his car about opposite to Harris’s auction rooms, and then drove back to the intersection. When informed that he had run over a man lying in the street Lamb stated that he had felt a bump but did not know what he had run over- Lamb appeared perfectly sober. It was drizzling at the time,

witness continued, and this affected the visibility. The taxi was travelling at about 25 miles per hour. On examining the deceased’s clothing later the constable found fragments of a broken beer bottle between his suit coat and top coat, and there was a strong smell of liquor from the. beer on the clothing. Spence had ample room to swerve to the rear of the car. Replying to Mr Hamer, Constable Drayton said that it was the speed of the motor cycle_ which had first attracted his attention.

Cross-examined by Mr Anderson, Constable Drayton said that it could best be described as a “ dirty ” night. When he first saw the deceased he had his head down and was travelling at a dangerous speed for such a night. The streets were dark and shadowy. It was such a night that the taxi-driver could easily have missed witness’s torch flashes. The taxi was being driven in a proper manner.

Giving his verdict, the coroner said that the evidence showed that it was a dirty, wet night, and the drizzling rain made for poor visibility. The speed of the motor cycle was unreasonably high. It touched the rear of the first car, and then the deceased was probably stunned and unaware of the taxi’s approach. The taxi was travelling at a reasonable speed and observing all proper traffic conditions. The driver of the first car was in no way to blame for the accident. Regarding the taxi driver, Mr Bartholomew said that on a wet night dark objects tended to merge into the dark background, and, with the dark clothes which the deceased was wearing, would explain why Lamb failed to see him. The taxi-driver was in no way culpable. The coroner returned a verdict as stated.