ON THIS DAY – November 29, 1930
Dr. David Rosenberg, a well-known practitioner at Richmond, appeared at the Criminal Court on Friday, before the Chief Justice, having been committed from the Coroner’s Court on a charge of manslaughter, arising out of the death of a child, 5 1/2 years of age, named Ruby May Clementine Kerrison, daughter of John Ernest Kerrison, of Tennyson street, Richmond, such death, it being alleged, having resulted from accused’s negligent driving of a motor car. Mr T. C. Brennan prosecuted for the Crown, and Mr. G. A. Maxwell and Mr C. H. A. Eager appeared for the defence, The case for the prosecution was that at 5.30 p.m. on November 29 accused drove his car under the railway viaduct near the Richmond railway station at a speed of about 15 miles per hour. The roadway beneath the bridge is in deep shadow and the Crown contended that such a speed was it was said accused maintained at that point was highly dangerous to pedestrians. In this instance the child, whose parents live close at hand, was crossing the roadway and was knocked down. Accused was hailed by persons in the vicinity, and promptly pulled up, and took the child into a nearby chemist’s shop where he examined her, and rendered what immediate aid was possible, afterwards removing: her to the Children’s Hospital, where she died shortly after admission. Accused giving evidence on own behalf, denied that he was driving at the rate alleged, and asserted that the car was travelling at only a moderate pace. There was very little traffic, and when his car. entered the shadow of the bridge he was able, by reason of the bright daylight at the exit, to see that he had clear passage. He did not see the child, and was unaware that an accident had occurred until he was hailed by some four passengers. When he examined the child he found that she had sustained an injury to her face and head, and he found, also, that the lamp bracket on the fore part of car was bent, indicating that it was that portion by which she was struck, There were no injuries indicative of the child having been run over by the wheels. Thomas Lowe, 10 years of age, said he witnessed the accident. The car was travelling at a moderate speed. The child when he first saw her, was standing on the kerb. As the car approached, she started to cross the road, hesitated when in the centre, and was knocked down. The jury, after half an hour’s retirement, returned a verdict of not guilty, adding a rider to the effect that it was desirable that at such dangerous points warnings to motorists should be placed. Accused was discharged, and his Honor intimated that the rider would be brought to the notice of the proper authorities.