Decision On Driver’s Appeal Reserved

Press, Volume CIII, Issue 30453, 29 May 1964, Page 14

Decision On Driver’s Appeal Reserved

Mr Justice Macarthur reserved his decision in the Supreme Court yesterday on an appeal against a conviction for failing to give way to the right. The appellant, Douglas William Randall Green, aged 24, a framemaker (Mr R. G. Blunt), had been convicted after his van and a bus collided on the Tuam StreetHigh- street intersection about 6.30 p.m. on Februry 10. Mr I. C. J. Polson, for the Crown,’ said yesterday .that in his view the whole matter was most difficult. The rule of yielding to the right was not absolute, and in certain circumstances the person on the left could be excused. The magistrate had said the speed of the bus was grossly excessive, Mr Polson said.

When his Honour asked why the bus driver had not also been prosecuted Mr Polson said he could not give an answer. However, in his opinion, both drivers should have been prosecuted. It could not be denied that there had been some negligence by the bus driver, who was obviously speeding, Mr Polson said. A driver on the left, however, must expect others to exercise their right of way to the fullest. He should expect an approaching vehicle

—even unreasonably—to aproach an intersection at 30 miles an hour. The appellant was not absolved if another driver did something he should be ready for. The present case boiled down to what was an approaching vehicle, and this was a matter of fact. The appellant in evidence had said he saw the bus in High street about three or four bus lengths from the intersection. Any wrong estimate of the speed of the approaching vehicle did not allow him to escape hi? liability under law.