DAZZLED BY SUN

Sun (Auckland), Volume III, Issue 729, 31 July 1929, Page 6

DAZZLED BY SUN

MOTORIST ACQUITTED OF NEGLIGENCE CHILD KILLED IN CAPSIZE Twenty minutes' deliberation satisfied the jury in the Supreme Court late yesterday afternoon that James Kirby, a commercial traveller, of Mount Albert, was not guilty of negligent driving causing death, when he crashed into a car travelling in the opposite direction at Johnson’s Corner, near Kaitaia, on June 5. A two-year-old child, Alice Regina Wood, a passenger in the other car, was killed when the vehicle capsized over a bank on the roadside following the impact. The accident was said to have been caused by the dazzle of the sun. Mr. V. R. Meredith, Crown prosecutor, conducted the Crown case, and Mr. H. P. Richmond , represented accused. Frank White Packard, driver of the car with which Kirby collided, said that he had the oncoming car in view for two and a-half chains before reaching the bend. Coming round the corner, Kirby was slightly on his wrong side of the crown. “Accused took a course which I thought would allow him to pass clear,” asserted Packard, describing the collision, “but within two cars’ lengths, however, be swerved

further on to the wrong side struck the right corner of mv radiate and wheel.” To avoid *he crash, ard asserted he had turned as neo" ! as possible to his left, but when thl impact occurred the rear of his ca * ; slipped over the three-foot bank on the edge of the road, and dropped on to : its side. He and several othel passengers were thrown clear, by Mrs. Wood, her child and anothei woman were pinned underneath th vehicle. He estimated Kirby's at from 20 to 25 m.p.h. He admitted, under cross-examina-tion, that in negotiating the corner Kirby took the course that other motorists t\ ould have followed Re agreed that a possible explanation of the swerve to the right made by Kirbv in turning the corner was that the movement was made to avoid beinblinded by the sun. Otherwise it was difficult to account for the collision. This explanation of the last-minut e swerve was confirmed by Sirs. Packard, who was accompanying her hus. band. In the box. Kirby declared that an. proaching the bend he was driving slightly on the wrong side of the I crown of the road, travelling at a speed of not more than 20 m.p h in turning the corner he had a moment . ary glimpse of the mudguard of another car coming round and then his vision was shut off by rays of the sun ■ which struck his eyes. He unsuccessi fully tried to pick up his proper side • and then applied his brakes. He considered that his car was completely ’ under control. 1 The jury acquitted accused, who l was accordingly discharged.