CARS CAPSIZE

Evening Post, Volume CXVII, Issue 51, 1 March 1934, Page 7

CARS CAPSIZE

NEGLIGENT DRIVING CASE

Charges of negligent driving and driving- without a licence were made against Arthur Stephen Wyness, who was a college pupil at the "time of the collision, in the Petone Court yesterday. Mr. J. G. L. Hewitt, S.M., was on the Bench. Mr. P. H. Putnam appeared for the defence, and Senior-Sergeant C. E. conducted the case for the police. Mrs. Mary Moore said that she was driving a motor-car towards Eastbourne. As she was passing the Day's Bay pavilion a car shot out of the entrance, and the ears collided and upset. The horn of the other car was not sounded. She was not doing more than 15 miles per hour. Cross-examined by Mr. Putnam, the witness said that she first 6aw the other car when it was just ou the bitumen, and about to turn towards Wellington. In a statement to the police, the defendant stated that he had travelled about three feet on to the main road when he saw another ear approaching. He thought there was a possibility of an accident, so ho speeded up to allow the other car to Pass* in his rear. A collision occurred, however, and both cars capsized. The defendant said he was travelling at from ]0 to 12 miles per hour. The entrance to the park was partly obscured by a row of trees. As lie was learning to drive he did not have a driver's licence, but he had a licensed driver with him. Tho defence was that when a driver comes out of a side entrance and sees another car a reasonable distance away, he has a right to cross the road, and it was maintained that the collision could have been averted. T.he Magistrate said that a motorist was not' entitled to come out of a side entrance unless the road was clear, and as Mrs. Moore was travelling slowly he should have known he should not try to cross the road. The defendant was fined 10s.