ALLEGED DANGEROUS DRIVING.

Auckland Star, Volume LVIII, Issue 44, 22 February 1927, Page 11

ALLEGED DANGEROUS DRIVING.

THE ONEHUNGA FIRE CASE. CHARGE DISMISSED. In the charge of negligent driving •gainst Fireman W. J. Downey, heard at the Onehunga Police Court yesterday before-Mr. J. W. Poynton, S.M., the defence was taken after the "Star" went to press. W. J. Downey, deputy superintendent of the Onehunga Fire Brigade, said he drove the fire engine down Queen Street at from 35 to 40 miles an hour until just before reaching Arthur Street, when he slowed down to 15, which was further reduced to between 8 to! 10 miles as he rounded the corner of Church Street. He then saw Constable Jones about 20 feet away and told him to get out of the road. If witness had gone straight on he would have hit him. As witness reached for his hand brake a light shone in his face. It caused him to hit the post. The sidelights on the engine would show about 100 feet ahead. P. Lardner, who was on the fire engine with Downey, said Constable Jones flashed ■ a light on them as they turned into Church Street and they could not see. Evidence as to the speed of the engine was given by several witnesses' vho estimated it at from 8 to 10 miles an hour when it turned into Church Street. After viewing the scene of the accident Mr. Poynton said the weight of the evidence showed that Downey entered Church Street at from 10 to 12 miles an hour. When he saw the constable on the road he could either stop -or swerve. He acted to. the best of his judgment and did the latter. Therefore he could not be held guilty of negligence. At the most his action was an error of judgment. Mr. Poynton said he had known Constable Jones for some years, and had heard him give evidence in 40 or 50 cases when he always showed discernment and fairness. He did not deserve the strictures which had been cast upon his evidence. He erred in getting on to the road instead of staying on the footpath. The case was dismissed.