"AN ACCIDENT"
DEFENCE to manslaughter charge in masterton : case WELLINGTON, Wednesday. The case was continued to-day iii which James Thoxnas Rutherford was charged with manslaughter, also witlx negligent driving, therehy causihg death. The case was a sequel to an accident at Masterton in which a lorry driven by accused was struck by a train and a passeriger xi'anied Frank Gillespie was killed. The Crown Prosecutor put it to accused that if he had been looking out he could not have failed to seg tixe train, Accused did not reply. Accused reiterated that he had misfcaken the lights further up the track. Thoxnas Pearson, accused's employei", said that up till the accident he had considered the crossing quite safe. From tests he had made since he had found the crossing an absolute trap to motorists. He considered the accident was absolutely unavoidable and nothing would change his mind on that point. Addressing the jury, counsel . for accused submitted that the fatality was not the result of negligence, but ?„ pure unavoidable accident. The court adjourned.
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Rotorua Morning Post, Volume 2, Issue 286, 28 July 1932, Page 5
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173"AN ACCIDENT" Rotorua Morning Post, Volume 2, Issue 286, 28 July 1932, Page 5
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