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AKAROA S.M. COURT.

Before T. A B. Bailey, Esq., SM. The monthly sitting of the court was held on Wednesday.

In tbe ca?e, police v. J F. Hunt and T Priest (Mr Williams), accu?ed were charged with taking fruit and vpgetables the property of E W Harris and W Thacker, of Okain's Bay. Kaeh was fined £1 and £1 2s 6d costs after pleading guilty. In the case Commissioner of Stamps v W H Henning, accused was charged with not having put stamps on a receipt. W FI Henning, sworn, said the re bad been given to a boarder at "lifracombe House" by one of the tbe attendants tbere, who did nor know stamps were necessary. Defendant was fined 20-i and costs.

Tbe-police brought a ease against D Sutton, for whom Mr Williams ap peared, under Section 128 Sub section 10 of the Borough By law No 2, which says the driver of a motor shall not drive recklessly or negligently or at a speed or in a manner which was dan- f gerous to the public, having regard to all the oircumstancea of the case in-, eluding the nature, oondition and use of the highway, and to tbe amount of traffic which actually i 3 at the time or which might reasonably be expected to be on the highway, and also to the degree of light obtaining at the time. The case arose out of an accident that occurred on March Bth, in which de feodant's motor cycle was smashed up owing to a collision with Mr C Pool's car, and in which defendant was severely injured Sydney Pearson, car driver, said at about 680 p.m. on March Bth be drove into Akaroa at about ten miles an hour and sounded the born of bis ear at tbe entrance of Lavaud street and Grehan Valley corner. He was travelling more on the left side of tbe road as he passed the corner. He did not hear Sutton's alarm as he came down Grehan road. Accused came down Grehan Valley road and goo in front of the car in tryiDg to getj on his right side. He turned right round and was heading np Grehan Valley when the car struck the motor cycle. When he struck the motor cycle he waß travelling ten miles an hour. He would not liked to bave travelled at the speed Sutton was travelling at The magistrate : Could the motor cyclist get round that corner at six miles an hour

Wines*: Tea corner waa a vmy d ffiouf- one

To Mr Sutton oaai6 'own the road and turned in front of his oar. He always kept, a little to the left of the centre of the road. If he had been riding the motor cycle he could" 1 not have done any better than Sutton.

Harold Ardern, Opawa, Christchurch, gave evidence that be was travelling to Akaroa in Mr C Pool's car driven by Mr Pearson. When they got to tbe corner the motor oyole came down tbe road, and while trying to get on his right side the motor cyclist was struck by the car. In hie opinion it was impossible to avoid the acoident. The car swerved to one nide when the motor cycle was struck. He did not bear tbe motor cycle horn as he bwlieved the building on tbe corner would prevent either driver from hearing the alarms. W F Bell, of *karoa, said be was about three chains away when tbe accident occurred. He heard Pearson sound the born of the car. Sutton came down tbe road at a moderate speed. Pearson swerved out towards tbe right side of tbe road when be saw Sutton, and Sutton did tbe same with the result that there was a collision.

Constable Shepherd gave evidence tbat he was 200 yds away from the corner when the aocideafc occurred. Both horns were blown, and both vehicles travelling at a moderate speed. In bis opinion the accident was unavoidable.

Constable Boyle gave evidence that he had examined the road where the accident occurred, and saw the car and cycle together. The cycle was apparently struck on tbe right sidfi. W H Henning, Akaroa, gave cvi dence that he considered the corner a dangerous one. He thought motorists travelled at an excessive speed. He bad brought up the question in the Akaroa Borough Council, and moved that the police take action ; seconded by Cr PenliDgton. A little while after both mover and seconder of the motion were before the court for not having lights on cycle and vehicle. (Laughter).

To Mr Williams : He did not men tinn the case to anyone or instruct anyone to take action in the case of tbe collision He did not know that tbe speed round corners fixed by the by law wa9 6 miles an hour or that the speed in the streets was eigbt miles an hour. He was not on the Council when the by laws were made.

G W Tbomae, Town Clerk, gave evidence tbat he bad examined the corner, and he considered ifc a very dangerous one. The matter h«d not been officially mentioned to him It was bis duty to act as inspector under the by law. The police had been in structed to take proceedings under the bylaw To Constable Shepherd : Witness said the Council had not put up sign posts regulating the speed of motors in the Borough

The Magistrate said under the motor regulations sign boards must be put up. Tbe notices were essential before the bylaws could be enforced. The boards must be put up in prom inent place. Tbe case was brought under tbe section of the Borough by laws which dealt with dangerous and negligent driving. According to the evidence accused was not travelling at more than from 5 to 7 miles an hour The accident might not bave oocured bad the two drivers aoted differently in the matter. Tbe case would be dismissed.

The constable said it would be a recommendation to the magistrate that the Akaroa Borough Council should pay witnesses' costs in this and other cases in whioh the police acted for the Borough Council. STRXIING ANIMALS. F Keegan was fined 5s and costs for having a horse astray in tbe Borough

John Phillips was fined 103 and Co3t3 foi having 5 cows astray in the Borough. The case against W, Jacobson for having a horse astray in tbe Borough was dismissed.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AMBPA19160505.2.12

Bibliographic details

AKAROA S.M. COURT., Akaroa Mail and Banks Peninsula Advertiser, Volume LXXV, Issue 3542, 5 May 1916

Word Count
1,076

AKAROA S.M. COURT. Akaroa Mail and Banks Peninsula Advertiser, Volume LXXV, Issue 3542, 5 May 1916

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