COLLISION ON BRIDGE

Dominion, Volume 31, Issue 151, 23 March 1938, Page 15

COLLISION ON BRIDGE

Charge Against Motorist Dismissed “This case does not merit punishment for lack of care and attention. There is a big difference between a man acting negligently so that he should be punished and a man who lias merely misjudged something,” said Mr. J. G. L. Hewitt, S.M., in the Magistrates’ Court, Wellington, yesterday, when a case was heard concerning a charge that Hugh,Allen Carter had driven without due care and attention. Mr. C. Evans-Scott appeared for defendant. 1 In stating the, case for the police Sub-Inspector J. A. Dempsey said that Detective Long -was driving his car along the Wellington-Palmerston North road toward Waikanae bridge on January 1, 1938, when he rounded the turn approaching the south end of the bridge, and saw Carter’s car on the opposite end and coming toward him. Detective Long stopped his car close to the side of the bridge and about one car’s length along it. He left nine feet on his right side to allow the approaching car to pass him, but an impact occurred which caused damage to both vehicles. Giving evidence, Detective Long said that he had skidded on to the bridge and as he did so the other car appeared to be about one-third of the way across. The other car approached him and struck him at a slight angle. He thought that the other car must have skidded. The magistrate: Then you are trying to absolve him from all blame? Sub-Inspector Dempsey: When did you notice any diminution in the speed of Mr. Carter’s car? Witness: I could not say. Sub-Inspector Dempsey: Was there sufficient distance between your ear and the side of the bridge for the other ear to pass you? Witness: In dry conditions, yes. - The magistrate: On your own evidence there sebms to have been no negligence. , The magistrate then suggested that the case be dismissed. He said that it was more a civil claim than a criminal charge. Sub-Inspector Dempsey said that he would produce defendant’s statement, in which it was admitted that he was driving at 25 miles an hour on the’brldge.

The magistrate: The question is whether a man is necessarily negligent if he drives at 25 miles an hour on a one-way bridge on a wet day. Mr. Evans-Scott: He had. the right of way and there was no semblance of negligence in driving at 25 miles an hour across the bridge.

The magistrate: Yes, he can proceed at any long as he has a clear run and as long as his speed is not obviously dangerous to the occupants of the car. I do not thing that there was any negligence. The case was dismissed.

A similar charge, based on a private information, was made against Detective Long by Garter and this was also dismissed.