NEGLIGENCE.

Auckland Star, Volume LXVIII, Issue 23, 28 January 1937, Page 3

NEGLIGENCE.

MOTORIST TO PAY £20 FINE.

MAGISTRATES COMMENTS. "The defendant is fortunate that he did not get a sentence of another nature," said Mr. Wyvern Wilson, S.M., in the Police Court yesterday, after fining Laurie Lindsay Cashmore £20 and costs £2 15/ on a charge of negligent driving. Cashmore, who appeared on summons, pleaded not guilty. He was represented by Mr. Kalman. The charge was the sequel to an accident that occurred in Takapuna on the night of November 30, 1935, when a young man, Thomas Judd, was seriously injured.

Sub-Inspector Fox said that Caehmore left the North Shore Golf Club in his car about 10 p.m. on November 30. after attending a function at the clubhouse. He was accompanied by another man and a young woman. Turning out of the grounds into Northcote Road, the car had only travelled a short distance when it swung to the wrong side of the road and struck a motor cycle ridden by Judd which was coming in the opposite direction. The car stopped and the men attended to the injured motor cyclist. A doctor was summoned and Judd was taken to hospital in an ambulance. Judd was still required to attend the hospital for periodical treatment. In order to give evidence. Thomas Judd was brought from hospital on a portable bed. The bed was placed acros- two tables in front of t!>- magistrate"? bench. Juml said he was tiding i;i~ motor cycle on the correct -i;ie <>f the road when defendant'* car Mrurk hi- machine. The i'vjii,. ;i i ..■ (if three wit nesses, who arrived mi tin , sceno -0.-rtly after the ,i.'c!(U')it. wa> trat the driver showed >ign< of iiit'ixica!i'li. J Jot it defendant and the man who in foinpanicd him in the car gave evidence and denied having liad liquor. "1 lii-y attributed the accident to tile motor cyclist riding on the crow)] of the road anil failing to give way. They also said that the car was on its correct side of tho road. "I have no doulit in mv mind that tlis defendant was the car driver, and that he was more or less in a state of intoxication at the time of the accident, and I accept the injured man's story as being more consistent with the facts," said Mr. Wyvern Wilson, S.M., in convicting Cashmore on the charge. "Were it not for independent witnesses in this case it would have been difficult for the police to get a conviction. It is quite evident that the defence had no idea of the weighty of the prosecution, and came prepared to tell a storv of an innocent act." Caehmore was Sned £20 and costs.