MAGISTRATE’S COURT.

Manawatu Standard, Volume LVII, Issue 209, 4 August 1937, Page 5

MAGISTRATE’S COURT.

SEQUEL TO COLLISION

Arising out of' a collision which took place on June 5, 1937, on a oneway bridge on the Feilding side of Kitchener Park, on the AwahuriFeikling Road, E. J. Thompson, of Ivopane, in the Alagistrate’s Court yesterday, defended police charges that, he drove a motor vehicle without due care and attention, and that he drove a motor vehicle in a manner dangerous to the public. Constable Johnston gave evidence that he visited the scene of the collision and prepared a plan ol the scene. There was not room for two cars to pass on the bridge. The visibility was fair. Thompson had told witness that he had not seen the other car approaching until it was almost upon him. Mr L. G. Sinclair, who appeared for defendant, said that his client had been driving a truck and had as his companion a young man named Prentice. He had slowed down to 15 miles an hour when approaching the bridge. His view of the bridge was a diagonal one, and he had been travelling on his left-hand side. Defendant, in evidence, estimated that the other car involved in the accident had been travelling at 30 to 35 miles an hour; it was of a similar colour to the railings of the bridge. Cross-examined by Sergeant Angland, defendant said lie had slowed down about a chain away from the bridge, as was his usual custom when approaching it. He had not had an opportunity to avoid the collision and had been keeping a proper lookout. He did not remember if ho had been talking to his companion just prior to the collision. To Mr Sinclair, defendant said he had been driving motor lorries lotsome years. t ' A. D. Prentice, a passenger with Thompson, colloborated defendant’s evidence regarding the speed the lorry was travelling at. Thompson had’ been first on to the bridge, and immediately he had seen the other car approaching ho had applied his brakes. The other car had not appeared to pull up at all. Cross-examined, witness said that the seat of the lorry was some 6 inches higher than the seat of a cat. From photographs produced, witness could see why a driver could not see anything approaching. The Ma.Vstratc (Air R. AI. A atson) convicted defendant on the charge of driving without due care and attention, the other charge being dismissed. A fine of £3, with costs, was imposed. CHARGES DISMISSED.

Arising out of a collision between his car and a motor lorry driven by E. J. Thompson, of Kopane, AVilson Hopping, a stock agent, was charged with dangerous driving and driving without keeping a proper look-out. Defendant, in a written statement contended that Thompson should have seen his car approaching. His speed had l>een 25 miles an hour. He had anticipated that, Thompson would stop and allow him to complete his crossing of the bridge. His car was three-quarters of the distance across the bridge. Constable Johnston, examined by Air D. C. Cullinane (counsel for defendant), said it was difficult to say if the

brakes of the lurry had been applied. There was a 17ft. skid mark behind defendant’s car. Witness was not prepared to say if Hopping’s car had moved forward after the impact. E. ,J. Thompson also give evidence as to the spot where the impact had occurred. Hopping’s car had been travelling at 36 miles an hour, while witness bad been going at 18 miles an hour. AVitness denied that he had told defendant that he had thought Hopping would let him get over the bridge first.

Defendant, in evidence, said lie had been driving over I lie Awahuri Road for the past 25 years. His speed-prior to tlie accident bad been 25 miles an hour. Ho had noticed the lorry approaching when lie was two chains away from the bridge. He was first on to the bridge and was almost across when the impact occurred. His car had not moved forward after the impact. AVitness had no opportunity if avoiding the collision. Cross-examined by Sergeant Angland, defendant admitted that he had not sounded his horn to indicate his approach. He was almost off the bridge when the collision occurred. Air Hopping, son of defendant,, also gave evidence. Thompson’s car had come on to the bridge at 35 to 40 miles an hour, be said, and bad not reduced its speed. AA’itness did not apprehend danger until his father s car was on the bridge. Walter Hingston also gave evidence. The Afagistrate gave Ins ruling that the evidence was not strong enough to warrant a conviction, and the. charges would therefore be dismissed. HOTEL AVORKERS’ HOURS. In dismissing a charge against Janies Kerin, an hotel licensee, alleging a breach of regulations in respect of the hours worked by an employee, the Magistrate said that he ielt sympathetic towards the Department of Labour in that it had in the case of a loyal or faithful employee difficulty in getting evidence from the employeewhile in the case of a dismissed or unloyal employee the evidence submitted was often ill-founded and unreliable. Air A. M. Onglcy appeared for defendant.