DANGEROUS DRIVING

Evening Star, Issue 19634, 13 August 1927, Page 4

DANGEROUS DRIVING

A JOSGIEL CASE A case in which much local interest has been manifested came before Mr Bartholomew, S.M., at tho Mosgiel Court yesterday. The case had been adjourned from tho previous sitting of „he court. William Jv. Robinson was charged with driving a motor vehicle at a speed dangerous to tho public. Mr G. G. Barrowclough appeared for defendant, who pleaded not guilty. Harold Irwin North said that he lioard there had been an accident near the quarry opposite tho railway station. When he reached tho spot he found it was a (Wlision between a lorry driven ov defendant, and a car driven by Mr ni'Calman, a farmer, of Mihiwaka. The lorry appeared to have been on the wrong side of the road. Defendant appeared to have taken a turn at an angle of 45deg as he was approaching M‘Caiman’s can and crashed into tho side of the latter. The lorry had travelled on tho wrong side of the road for six or seven yards immediately before tlie accident occurred. Constable Findlay said ho found iVßCalmau’s ear resting! on tho bank right off the road. The lorry would appear to have struck tho car on tho side. The wheel marks showed the lorry to have been travelling on the wrong side when the accident occurred. Tho lurry had apparently swung to its wrong side. The back wheel of the motor car was broken oil, and there was also other damage. To Mr Barrowclough; He did not arrive at the scene of the accident till about an hour alter the collision. He could not have made a mistake with regard to the wheel marks of defendant's car.

Mr Barrowclough said defendant was in a one-ton truck, and, as ho was going uphill, he could not possibly have been travelling at an unreasonable rate of speed. There were no eye-witnesses of the accident. Counsel said that Mr M'Calman, in order to avoid a collision, had swung across the road, and this had brought about the accident. Defendant said he was on his way to Dunedin from Berwick when the accident occurred. He was travelling on the crown of the road, which was a. usual practice on country roads. Ho saw M'Calman approaching in his car, and he (defendant) moved over to give him plenty of room to 'pass. The car seemed to shoot over in front of him, and it was then too close for defendant to apply his brakes. He (defendant), was travelling at.about ten or fifteen miles an hour. It was a wet day, and there would bo no difficulty in picking up tho wheel tracks. He had been driving a car for about four years, and was on the road every day. Ho had not previously had an accident. To Constable Findlay: Both were in the centre of the road as they were approaching each other. He slewed off when the vehicles were approaching each other.

John Williamson; ranger for the Taieri County Council, said he was out testing a candidate for a motor driver’s license, and when passing the quarry noticed that there had been an accident. Ho jumped out of. the car ho was in, and asked Robinson if anybody had been hurt. Ho stayed in thc_vicinity of the accident only for a minute or two. He saw the marks of Robinson’s lorry quite distinctly. There was no evidence of, a turn to the right on his part. He picked up the marks of Robinson’s car about a chain from where the collision look place. .He also saw the marks of M'Calman’s car. Roth would appear to have turned at the same time.’ Ho had known Robinsou as a motor car driver for years. Witness was in a Reo lorry, and the wheel marks of it would he similar to those made by Robinson’s lorry. Those marks of tho Reo car might have been mistaken for those made by defendant’s car.

Alexander Baird, employed by the Ford Motor Company, said ho was passing the quarry shortly after the accident occurred. Ho saw the tracks hack from the scene of tho accident. The crown of tho road was two-thirds from the left side of the road. Robinson bad apparently kept to the crown of the road. Both wheels of the lorry had struck the car.

The Magistrate said there was a distinct difference of opinion between tlio parties, but he thought the question was settled by the marks of tho lorry. It was indisputable that when Constable Findlay arrived on tho scene the marks of the ears were quite plainly visible. Air North’s evidence showed that defendant's wheel was .‘lit troui the right hand side. Mr AVilliarasoiii who was early on the scene, stated in quite a positive fashion that the truck bad room to pass, which was a contradiction of the constable’s evidence. The constable was an officer of the court, and he had no hesitation in accepting his evidence. Tt would be unfortunate if the constable’s evidence could not be relied on. Air Baird’s evidence seemed to put tho matter in a light which explained the position and cleared it. This was supported by Air North. Defendant must be convicted. He would Tie lined £2, and would be ordered to pay court costs and witnesses’ expenses i'll)), and court costs amounting to IGs.'

Arising out of the same collision, Bobinson brought a civil action against AFCalmau for damages. Tn this Mr Barrowclough again appeared ior Robinson, and ho said that in view ol tho foregoing decision it would not _bo worth while proceeding with tho action. —Air A, G. Man Inn, who appeared for defendant. A!‘Caiman, said that there was a counter-claim lor £35 2s Gd, £11) of which was for general damages, ami the balance for repairs to the car. Ho (Vounsci) had agreed with Air Barrowciough that the cost of repairing tho cars would be accented as the damages in the action. The £lO claimed was for depreciation.-—Air Hanlon then consulted Ids client, and, on returning to the solicitors’ table, said he (Al‘Ca!man) was prepared lo treat Robinson generously. Tic would not accept damages, and would be quite content with out-dl’-poekefc expenses.—The Magistrate saitl be would enter up judgment for MT’ahnaii for £25 2s Gd, with £5 .'ls solicitor’s fee, and £1 court costs, against Robinson. Iho claim by Robinson would bo struck out.