DANGEROUS DRIVING.

Auckland Star, Volume LVI, Issue 224, 22 September 1925, Page 5

DANGEROUS DRIVING.

AN ONEHUNGA ACCIDENT,

MOTORIST FINED. Stanley Arthur Gavin (Mr. Kirkeri stood his trial yesterday afternoon before .Mr. W. R." McKean. S.M.. at the Onehunga Police Court for negligently driving a motor car and driving in a manner dangerous to the public. Sergeant .T. A. Cruickshank. who prosecuted, said Miss Hazel Ashby was knocked over by a motor car on August . while alighting from .a tram car in Manukau Road. A. E. ('. Dyis. motorman of the tram car, said lie had just stopped at Lewin Road when a lady got off with several others. At the same time a motor car went past at a fast speed and he heard a scream. The motor car stopped at a distance of one pole to the other. The conductor. George Stoddart, estimated tbe speed of the motor car at 30 to 3.1 miles an hour. When he reached the motor a girl was being taken away from the front of it.

M. Aburnetty, another tram conductor, judged that the motor was travelling at a speed of 30 to 40 miles an hour.

A. E. Fowler, tram conductor, gave the same estimate of speed. He measured the distance as 33 paces from tlie front of the tram to the motor

V. D. Wright said he followed the tram on a motor cycle at a distance of about 1.0 yards at a speed of 1.1 to 20 miles an hour. The motor car passed him at twice that pace. The tram car slowed down and so did he, but the motor car kept on. The Magistrate Surprised. W. R. Phillip, motor driver, said he was with Miss Ashby, tviio was about one pace away from the tram car when she was hit. The motor car was going so fast that she went right over the top of it after being hit by the radiator, and they picked her up near the back wheel.

Mr. McKean questioned this witness at length, and he adhered firmly to bis statement that Miss Ashby " was thrown over the car.

Constable Johnson said Gavin, after the accident, refused to give him any information.

For the defence Gavin said he did not know there was a tram stop at Lewin Road, but he saw the tram slowing down when he was thirty feet from it. When about two windows from the front of the tram he saw the girl and put on his brakes. This made the motor swerve toward the tram. and to avoid jamming her against it he released his brakes, pulling up about 20 feet further on. He estimated his speed at 15 miles, and said he did not pass a motor cycle. The tram had not stopped as he* hit Miss Ashby before he had reached the front platform. Rupert Devereux, a passenger in the motor car corroborated the statement that they hit the girl when about two windows behind the platform after she had gone two or. three steps. Rodney Devereux and Debarne Devereux both estimated the speed of the motor car at from 10 to 1.3 miles an hour.

Mr. McKean said he could not accept the evidence that the girl was struck two windows behind the front platform as the evidence was that the car had stopped. The car was evidently going too fast. For driving a motor car in a manner dangerous to the public defendant was, fined £5 plus £.. 4/ costs. For the other offence (negligently driving a car) he was convicted and discharged.