SMALL BOY’S DEATH

Sun (Auckland), Volume III, Issue 658, 9 May 1929, Page 11

SMALL BOY’S DEATH

MOTORIST STANDS TRIAL FOR NEGLIGENCE CHILD WITH TROLLEY The trapic death of a two-year-old George Summers, who was knocked down by a motor-van in Dominion Road on February 16, was mentioned in the Supreme Court before Mr- Justice Herdman today. The driver of the van, Hector Robert Sommerville, a young butcher, stood his trial on a charge of negligent driving, causing death. Mr. R. McVeagh appeared for accused. Comment upon the responsibilities of motor-drivers was made by the Crown Prosecutor, Mr. V. R. Meredith, who impressed on the jury that upon its decision irj. these cases depended the standard of care motorists were required to exercise. If the basis was fixed too low, carelessness would become even more apparent than at present, and there would be a relaxation of precautions. Motorists had to be made to recognise the right of other people to use the highway. Richard Summers, father of the child, said that the boy was playing with a small cart on the footpath outside the home in Jellicoe Avenue. The lad's elder brother was sent to bring the little boy inside, but the latter meantime bad gone down Dominion Road. The elder boy reached the corner just after the accident. An eyewitness of the accident, Cyril X Ward, who was standing at the corner of Kingston Avenue, declared he saw the boy approaching pushing hie trolley along the concrete roadway, 50 yards distant. Sommerville, driving the van, was only about 12ft away from the child when I first noticed it. There was nothing to obscure the driver's view, though the vehicle was traveling at a moderate speed. The van continued on and the front axlehit the child. Witness signalled him to stop, rushed and picked up the child. The driver looked round on being signalled and returned to the scene, and took the boy to a nearby shop. John D. Lawson, who was walking down Dominion Road, described hearing the screech of the van brakes and seeing the child's lorry roll from underneath the van. The vehicle skidded for some distance until the brakes were released. The statement made my Sommerville in reporting the accident was read by Constable Watt, in which accused declared he did nor. see the child until right on top of him. (Proceeding.)