CAR AND CATTLE

Evening Post, Volume CVI, Issue 55, 13 September 1928, Page 14

CAR AND CATTLE

AN INJURED BULLOCK UNUSUAL PROSECUTION A case under a section of the new motor regulations was heard before Messrs. P. T>. Davis and J. T. Bengc, J.P.s, at Upper Hutt yesterday. The charge was that the defendant, being the driver of a motor vehicle, whilo approaching a herd of cattle on the main road at Trentham, failed to take sufficient precaution when requested to do so by the person in charge of the cattle, with the result that tho vehicle collided with a bullock. The defenlant, Harry St. Johnston, pleaded not guilty. Joseph Manson, of Martinborough, stated that early in tho morning of 25th July he and another drover wore taking 78 bullocks from Quinn's Post to Taita. Witness was behind the mob and his partner in front. Witness saw a car approaching in tho distance, and although both drovers flashed their torches the car did not slacken speed but came on and ran into the bullocks, injuring one so that it had to be shot. The speed of tho car was about 25 in.p.h., and its lights were dim. The bullock, was pushed 12 feet along the road underneath the front of the car. The mob of cattle filled the whole width of the road. Alexander ."Robinson, a drover of Featherston, who preceded the cattle, gave corroborative evidence. • After they had left Quinn's Post they met three or four motor-cars, which stopped on the roadside to let the cattle pass. The beast which St. Johnston hit was not separate from the rest of the mob. All the cattle were in a compact bunch from fence to fence on tho main road. Witness considered that tho defendant certainly seemed abnormal at the time of the accident. Constable C. Anson, of Lower Hutt, who was summoned to the scene of the accident, said that he found the torches of the drovers in very good order, but the car lights were not bright. The bullock had been pushed 12 feet by the ear. The defendant admitted having had a glass of gin early tho previous evening, but was not under the influence of liquor. Harry St. Johnston said that early that morning, as he was coming through the Taita Gorge, his lights had failed slightly and did not shine at full strength. For this reason he was'proceeding cautiously, his speed at the utmost being 15 m.p.h. He saw nothing on the road, neither the torches of the drovers nor other cars passing. Tho first and only indication he had that a mob of cattle was approaching was when he hit' the bullock. Ho did not hit the animal head on. His car was damaged on the right-hand side and tho bullock injured on the right hind leg. The defendant's wife, who was in tliu buck seat of tho car at the lime of tho accident, also gave evidence. Counsel for St. Johnston submitted that before any liability could be shown on the part of tho defendant it had to bo proved that when he was aware of the approach of the cattle he failed to drive slowly or that he failed to stop when requested. The section implied a knowledge of the approach of the cattle before there could be any liability. It was a dark night, the lights on the car were admittedly not brilliant, and the defendant was not aware of the approach of the cattle until ho struck the bullock. The mere fact, counsel submitted, of St. Johnston's coming on without stopping showed that it was not a mob he ran into but a single bullock ahead. Tho Bench thought that sufficient warnings to stop had been given by tho drovers and that tho onus lay on the defendant to take every precaution. , St. Johnston was convicted and a nominal fine of 10s was imposed.