SOME UNUSUAL FEATURES

Daily Telegraph (Napier), Volume 58, Issue 214, 10 October 1929, Page 8

SOME UNUSUAL FEATURES

HASTINGS MOTOR CQLL1SION. MAGISTRATE'S OBSERVATIONS. There were some unusual • features concerning a court case heard in Hastiugs yesterday afternoon. Tliey included a car driveh by a man named Cunningham, who was suft'ering from a nervous disease, and_ wlio admitted having taken alcoholic drinks ; three lioys on two bicycles, one of which had neither light nor rear reflector at 5.30 p.m. in the height.of Winter; and a collision on . the Hastings:Havelock road, as a.result.of .. which one of the boys, a lad named Brooker, received a fractured skull and is* still uiider. treatment. . In summing up after hearing the evidence, Mr A. M. Mowlem, S.M., whilst admitting that the boy's bicycle had no light or reflector, said that there were certain aspects of tlie case which did not concern him, -as it was not a civil action for damages but a criminal prosecution for causing an accident. The driver, althougli on his proper side.of the road, liad attempted to pass the bicycles on their left side, so he was actually not on his proper side, "If," said His Worship, "a man cannot clearly see where he is going, then he has no riglit to go there." Continuhig, His Worship said that defendant admitted he was suffering from a. nervous dtsorder, that he liad consumed five alcoholic drinks, and yet was normal. His Worship said he was sorry he could not believe him and quoted the remarks of several jndges on the result of taking alcohol, which. caused a want of caution. He was satisfied defendant was not keeping a proper look-out, and his evidence that he was dazzled by the lights of another car was all against him. He would, he said, decme against him, but before doing so he wanted defendant's driving license. Tliis having been handed in, His Worship cancelled. it and prohibited the owner from driving a car until the 1st of April, 1931. Oue month was allowetl to pay the £5 and 30s costs.