A FATAL COLLISION.

Taranaki Daily News, 4 August 1922, Page 5

A FATAL COLLISION.

CHARGE OF MANSLAUGHTER. .TORY FAILS TO AGREE. By Triegrapb.—i*rea« Association. Auckland, Last Night. The jury failed to agree in the Supreme Court case against Philip Terence English, charged with the manslaughter of Lucy Agnes Ford, who received fatal injuries in a collision between a bicycle and accused’s motorcar at Mangere on April 19. The Crown contended that accused was .negligent, because he was driving at an excessive speed and not keeping a proper look-out. The defence was that accused acted as any ordinary reasonable man would do. It was a very dark night and trees ahead made a dark background for deceased, who wore dark clothes and had no light on her * cycle.

His, Honor, in summing up, said the evidence for the Crown that accused was travelling at pn unreasonable speed was not satisfactory, as it consisted mainly of estimates by persons not qualified to judge. The best judge WM a witness who put the speed at about twenty miles an hour, and it was for the jury to consider whether that was excessive in all the circumstances. The fact that the car travelled thirty-five yards after the collision was a very unreliable basis on which to postulate its speed previously, because they did not know how long accused’s mind might take to respond after the Collision in the action of applying the brakes. A more important part of the case for the Crown was whether accused kept a reasonable look-out. It certainly seemed reasonable that he failed to see the young woman, and if the jury thought that failure was due to lack of the exercise of reasonable care, accused should be found guilty, but the law did not expect a higher standard of care than simply reasonable care.

The jury deliberated for four hours. The re-trial will be held next week, bail in £2OO being renewed.