CARS COLLIDE

Evening Post, Volume CXXVI, Issue 6, 7 July 1938, Page 5

CARS COLLIDE

BOTH DRIVERS FINED

An accident at the corner of Nelson and Udy Streets, Petorie, tin the early hours of the morning of June 12 resulted in the appearance in the Petone Court yesterday before Mr. A. M. Goulding, S.M., of the drivers of both vehicles. Phillip William Manning was charged with failing to give way to a vehicle approaching from the right at an intersection and Harold Tomlinson with driving without due care and attention. x Senior-Sergeant H. C. D. Wade prosecuted, and Mr. T. P. McCarthy appeared for Manning. Manning said that at 12j30 a.m. on June 12 he was driving north in Nelson Street. He proceeded over the intersection of Udy Street at a speed not over 15 m.p.h. When he was three parts over the intersection he was struck by Tomlinson's car, which approached from the right. The two back wheels of his car were broken and the car was pushed 30 feet up the footpath. He thought Tomlinon's car was doing at least 40 m.p.h. Witness sound his horn. ■• William Poston, a labourer, who was sitting in the front seat of Manning's car, also gave evidence. , John Drane said he was walking along Udy Street in a westerly direction when he saw the collision. Tomlinson came along the street at approximately 45 m.p.h. He thought Manning's speed was approximately 15 m.p.h. If Tomlinson had kept on he would have cleared the other car. Both cars swerved in the same direction. Tomlinson, a warehouseman, stated that his car was not travelling at more than 20 m.p.h. As he entered the intersection Manning was just coming out of Nelson Street They both swerved in the same direction. He thought Manning accelerated as they met. He gave a short toot on his horn. It was impossible for him to have passed behind the other car. Eric Cairns, storeman, who was a passenger in Tomlinson's car, said he doubted if the speed of the car was more than 20 m.p.h. In reply to Mr. McCarthy, the witness said he was not certain if Tomlinson blew his horn or not. The Magistrate said it was admitted that the corner was dangerous. Manning especially knew this and so he should have approached at a speed which would have pulled him up in a foot or two. He did not think that Tomlinson's speed was anything like 45 m.p.h., but it. was over 20. Manning should have stopped and given way, and Tomlinson should have approached the corner at a safer speed. Each would be fined £1 and costs. j