SERIOUS SEQUEL TO FATALITY

Sun (Auckland), Volume 1, Issue 42, 12 May 1927, Page 13

SERIOUS SEQUEL TO FATALITY

MOTORIST CHARGED WITH NEGLIGENCE “It must be remembered that pedestrians Have a right to cross the road. That condition the motorists are bound to recognise. They must be prepared to deal with the contingency of a pedestrian going across. Addressing the jury which was trying a motorist to-day the Crown Prosecutor, Mr. V. R. Meredith, made that statement. Thomas Limel Grice, a taxi-driver, stood his trial on a charge of having driven his car so negligently in Upper Queen Street as to cause the death of Miss Emily Owen. His Honour Mr. Justice Ilerdman presided. The prisoner was represented by Mr. J. F. W. Dickson. “APPALLING LOSS OF LIFE” i The Crown Prosecutor explained that for the offence alleged motorists had previously been charged with manslaughter. But this was un unsuitable charge and the legislature had created a new offence —the negligent use of a motor-car. "The reason for the creation was that since the advent of motor-cars the loss of life in New Zealand through cars has been appalling,” said Mr. Meredith. “Hardly a day passes in which a life is not lost or grievous injury done in some part of New Zealand. People in charge of such highly dangerous machines must remember to so use them that human life will be a Little safer than in the past.”

“It is for you to say whether, under the circumstances, the accident was due to the way Grice was using his car. There is no suggestion of liquor or aggravating circumstances. There is the pure question of whether Grice was so handling his car.” Mr. Meredith said that the accident happened on a dark night in Upper Queen Street. The girl walked on to the tram lines nearly opposite Myers Park and Grice, who was driving down the hill, struck her and ran over the body. He did not stop immediately, but ran down the hill a distance. He returned and took the injured woman to the hospital, where she died. There were marks and dents in the radiator and bonnet of the car which showed that there was a severe impact. WIND-SCREEN BLURRED

In his statement to the police Grice had said he was driving at 20 or 25 miles per hour and his wind-screen was blurred with rain. The girl walked straight in front of the car. “I did not see her until I was right on top or her and I had no time to swerve,” he is supposed to have said. “The road was greasy.” “You must say,” continued the Crown Prosecutor, “whether Grice was justified in driving at that speed on the grade of Upper Queen Street, on a wet night, on a greasy surface, and when there was poor visibility.” “The jury,” said counsel, “would have to bear in mind the very important fact that the decisions of juries in such set the standard that was observed by motorists.” It also had to be remembered that each case had to be judged on its merits. Leonard Crowe, a medical practitioner on the staff of the Auckland Public Hospital, said that the injured woman was admitted to the hospital on February 25. She had received a compound fracture of the right arm, injuries to the right knee and serious injuries on the right side of the head. The patient died the following night, death in his opinion being due to injuries to the brain and shock. Archibald R. Weir, a motor salesman, said that on the evening in question he parked his car outside Hoyes garage in Queen Street, where he was employed. He saw a car approaching about 60 yards away travelling at about 30 miles an hour. At the same time he saw a figure crossing the road in a diagonal direction down the street. A light just above Levien’s shop, where he had parked his car, shone on the person, who was almost instantly struck by the front of the car. The speed of the car was momentarily checked, but it continued on for about another 45 yards before it turned round and came back. He did not hear a horn sounded, but heard the car skid as it passed him, as if brakes were being applied.

Further evidence as to the accident was given by Edward Barrett, labourer, residing at Vincent Street. He said that the girl came out of The Abbey Hostel gate and stepped off the footpath. facing slightly in the direction of the Town Hall. After she was struck she was quite conscious and asked what had happened. After the accident, said Constable Fuller, the accused took the injured woman to the hospital and went to the police station to report the matter. He was quite sober, but very agitated over the occurrence. Giving evidence the accused stated that he had been driving a taxi for the past 18 months, but had had a good deal of previous experience. At the time ot the accident he was travelling at about 20 or 25 miles an hour. At that speed he could pull up his car in about 15 yards. There were three lights near the scene of the accident, and only for them dazzling him he considered he could have easily seen the woman. (Proceeding).