SPEED NOT NEGLIGENCE

Sun (Auckland), Volume III, Issue 809, 1 November 1929, Page 11

SPEED NOT NEGLIGENCE

MT. ALBERT ACCIDENT ELDERLY MAN KILLED ’ Speed can not always be taken into consideration in cases of negligence. It depends upon the circumstances. Even exceeding the speed limit does not indicate negligence, for while it may be quite safe to drive a car along a country road at 30 miles an hour, it may indeed be unsafe if a car is driven through a busy thoroughfare at 15 miles an hour,” said Mr. E. N. Hubble who appeared for the Crown in the prosecution against Frederick Ernest Vogwill (Mr. R. J. Coates) in the Supreme Court today. Vogwill is charged with negligent driving and causing the death of Henry Haskett, an elderly man, on July *2O. The case was heard before Mr. Justice Smith. In his opening remark, Mr. Hubble said the accident occurred on the evening of July 20 on the corner of Allendale and Mt. Albert Roads. Two boys who had seen the car pass estimated its speed at about 30 miles an hour, but apart from the question of speed, there was a number of lights round the corner and the accused had driven along in a vehicle, the brakes of which were of little use. A test next morning proved this, for with both hand and foot-brakes on, two detectives managed to push the car along. “The lights on the car are not good and previous to the accident nobody appears to have noticed any light at all. while they were certainly not lighted after the collision,” continued Mr. Hubble. Dr. A. L. Young of the Auckland Hospital gave evidence to the efteet that he attended Mr. Haskett and found him suffering from a wound in the neck and a fractured ankle. He was unconscious and died on the morning of July 21, from shock and loss of blood. (Proceeding)