LOADING OF LORRY

Evening Post, Volume CXXV, Issue 145, 22 June 1938, Page 13

LOADING OF LORRY

INTERESTING CASE

CHARGE DISMISSED

A case of interest concerning the loading of motor vehicles came before Mr.. A. M. Goulding, S.M., in the Petone Court today, when Frank Harold Robinson, a.% employee of the Wellington City Council, was charged with driving a motor-lorry, which was so loaded as to cause injury.

Senior-Sergeant H. C. D. Wade prosecuted and Mr. J. O'Shea appeared for the defence.

Herbert Joseph Downing, a wood and coal merchant, said'that on June 1 he was standing alongside a lorry on the Petone Esplanade when he saw a motor-lorry loaded with timber coming towards him, travelling eastwards. A'piece of match-lining was projecting four or five feet over the side of the lorry. As the lorry went past the piece of match-lining struck him on the thigh. The lorry did not stop, but the man to whom he had been speaking went after the driver and brought him back. The witness said he still had a mark on his leg caused by the blow.

In reply to Mr. O'Shea, the witness said he saw the lorry 200 yards away. He did not think the timber would hit him. He had not suffered a permanent injury.

The defendant said he had a load of timber and fittings, which included match-lining of lengths between sft and 18ft. There were five hooks on the sides of the lorry. Special care was taken in the loading because of the light nature of the wood. The load was tied down securely with four ropes. He left the yard with red flags' at the furthest end of the match-lining at each side. When he was stopped on the Esplanade he found that a piece of matchIlining had. worked out and was two [or three feet over the side. He attributed this to the vibration.

John McKay, labourer, gave evidence about the secure manner in which the load was tied down before leaving the yard. The Magistrate said he thought that in a case of this kind it must be shown that the lorry set out on the journey so loaded as to,cause injury, or liable to cause injury. If a driver found out during the journey about the state of the load he might be liable, "but that did not come into this case. The charge [would be dismissed.