Sunday, 11 February 2024

James Campbell Hollander, (1931-11/4/1950). "an extremely violent one"

TWO DEAD; FOUR HURT

COLLISION BETWEEN TRUCKS 

BOTH VEHICLES BADLY DAMAGED 

(PP.A.) DUNEDIN, August 11. When an Air Force truck belonging to the Air Force station at Taieri came into collision with a Ministry of Works truck at the foot of a threemile hill north of Taieri at about 4.20 p.m. this afternoon, two men were killed and four others were injured. 

The victims were: 

Dead 

James Campbell Hollander, aged 19, of Grosvenor Street, South Dunedin, carpenter, single. 

Robert John Brandish, of 53 Every Street, Anderson’s Bay, carpenter, married, with four children. 

Injured 

Gavin' Dickson, aged 57, of 139 Fitzroy street, Dunedin, employed at the Taieri Air Force station, 

Peter Smith, A.C.1. 

Allan Ballantyne, A.C.2. 

Allan James Duncan, A.C.2, aged 18. 

The accident occurred on a straight section of tar-sealed road leading to the Black bridge, over the Silverstream. The Ministry of Works truck, which was a light one with a canopy, was driven by Maurice Brennan Edward Healey, and in front with him was another man, and at the back were the two men who were killed, and Gavin Dickson. This truck was travelling towards the city, the men, with the exception of Dickson, having been engaged in building huts at the Air Force station. 

The Air Force vehicle was much heavier and was loaded with vegetables and other provisions. It was driven by Peter Smith. The collision was an extremely violent one, both being badly smashed, both men who were killed receiving severe injuries. 

The Ministry of Works truck had its hood torn off and extensive damage done to the rear. The occupants of the other truck had an amazing escape. After the impact the truck careered along the road, just missed a post, and went over a 5ft bank. It then turned on its side and came to rest after ploughing through a bank of soft earth.   -Ashburton Guardian, 12/8/1950.


SEQUEL TO COLLISION

Hearing Of Charge Against Aircraftman 

EVIDENCE COMPLETED 

The trial was continued yesterday in the Supreme Court, before Mr Justice Hutchison, and a jury of 12, of Peter Smith, an aircraftman and motor driver, who is charged with reckless driving causing injury and, alternatively, with negligent driving causing injury. The accused, who is attached to the RNZAF station, Taieri, pleaded not guilty when the trial opened on the previous day, and he is being defended by Mr A. G. Neill, K.C., with him Mr J. P. Cook. Mr W. H. Carson conducted the Crown case. 

The charge arose out of an accident on a culvert at the foot of the Three Mile Hill, North Taieri, on the afternoon of August 11, when an air force vehicle, driven by the accused, came into collision with a Ministry of Works truck. Two passengers in the Ministry of Works truck, Robert John Brandish aff'd John Campbell Hollander, were killed. 

The Crown case finished yesterday afternoon, and the evidence for the defence was also completed before the adjournment was taken until this morning. 

Police Evidence Constable J. W. Thompson, stationed at Mosgiel, said that he had spoken to the accused after the accident. The accused told witness that he had not seen anything when crossing the culvert, but he had “heard a thud and then saw a lot of glass.” The accused, in answer to a question by witness, said that the setting sun had not interfered with his vision. On August 14 the accused made a statement in which he detailed his movements on the day of the accident. The accused explained that he estimated that he was travelling at about 30 miles an hour when he reached the culvert, and he kept as close as possible to the left-hand side railings. He did not see the accident. but he "heard a thud.” He did not apply his brakes, but he was concerned about keeping on the road, as he knew he had hit something. Sergeant T. T. Harris had asked the accused whether he had been smoking, and the accused replied that he had not, but that he had had a drink after the accident. 

Mr Neill to witness: There was no question of drink? — Not in my opinion. 

Evidence of measurements he had made at the scene of the accident was given by Constable Eric Gilmour. The Ministry of Works vehicle was lying 103 feet from the end of the culvert, and the air force truck was 166 feet away. Brandish's body was 79 feet west of the culvert and the body of the other man 47 feet west of the culvert and 27 feet north. 

Question of Speed Maurice Brennan Edward Healey, driver of the Ministry of Works truck, said that when he first saw the air force vehicle it was travelling in a south-west direction. “It was travelling at what appeared to me at the time as normal speed,” witness continued. Witness said he had been travelling at between 35 and 40 miles an hour, and he regarded this as a normal speed. The other vehicle “wobbled to its left,” after having straddled the white line near the centre of the road, and this placed the other vehicle on its correct side. Witness considered that the accused must have been doing “two yards to my one” at the time of the collision. He could not say what part of the air force vehicle had collided with his. Witness added that his eyes "are not too good,” but they had not affected him while he was driving. 

Mr Neill, to witness: Do you remember having made a statement previously that you were actually braking your lorry at the time? 

Witness replied that the statement had been made to the police the day after the accident, but he now knew that that statement was incorrect. 

Leslie William Graham Dow, stores officer of the Ministry of Works, said he was in the front seat in the vehicle driven by the previous witness. He estimated Healey’s speed at about 35 miles an hour. Witness did not know whether either vehicle had reduced speed. 

“Roaring Noise” The driver of a tank wagon, Stanley Daniel Green, said he passed an air force truck at the water-race corner of the Three Mile Hill on the afternoon of the accident. Witness estimated that this truck was travelling at between 40 and 45 miles an hour. There was a ‘‘roaring noise” from the engine. Witness made a quick turn to the left to avoid being hit. 

George Holland Port, a painter, who was a passenger on the wagon, estimated the speed of the air force truck at between 30 to 35 miles an hour. It was not in top gear. 

“The air force lorry came around the bend so fast that the back swayed across the centre of the road,” said Thomas Brundy, another passenger on the tank wagon. Witness thought the speed was between 40 and 45 miles an hour. When he first saw the lorry, it was two chains away. He did not agree with the previous witness that the lorry was on its correct side when they first saw it. 

“I estimated the speed of the air force vehicle when it passed me on the Three Mile Hill to be between 40 and 45 miles an hour,” stated Edwin Augustus Hughes, a farmer, of Wakari.

Case for Defence Mr Neill said there was no suggestion that the accused had been driving on the wrong side of the road at the time of the accident, nor was there any evidence of negligence. If the accused got to the end of the culvert on his correct side, then it was clear that he was entitled to be there. It must be proved that particular negligence on the part of the accused had been the effective cause of the accident, but if some other cause intervened, then the accused could not be held responsible. 

Evidence was given by the accused, who stated that he had come down the Three Mile Hill on third gear and had changed to top near the foot of the hill. He estimated his speed at between 20 and 25 miles an hour. Witness noticed a Ministry of Works van coming towards him just as he got over the first culvert. As he realised that the other truck meant to pass him on the culvert, witness drove his vehicle as near to the lefthand railings as possible. He had concentrated on the railings and did not see the other vehicle pass. 

To Mr Larson: It had not occurred to the accused to slow down. He was familiar with the culvert, and although it was narrow, he considered that there was room for two vehicles to pass. 

“If the truck had been travelling fast I would have noticed it,” said Albert James Duncan, a grocer’s assistant, who was a passenger in the air force lorry. “It was just an ordinary trip,” witness added. There was noise coming from the exhaust. 

Another passenger on the air force truck, AC2 Allan James Ballantyne, estimated the speed at 30 miles an hour. 

Charles Keith Ellis, a horticulturist of ,the Department of Agriculture, said he was driving along Puddle Alley towards Dukes road on the afternoon of August 11 when he saw a Ministry of Works lorry travelling at a high speed. The lorry was drawing away from witness, who said he had been travelling at 40 miles an hour. 

Corporal Gavin Lindsay Dickson, attached to the RNZAF Station Taieri, a passenger on the Ministry of Works lorry, said the speed increased after passing the Black Bridge. Witness estimated the speed as being “at least 50 miles an hour.”  -Otago Daily Times, 2/11/1950.


Aircraftsman Peter Smith was acquitted by the jury.

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