Aftermath to Accident Near Pokeno

Franklin Times, Volume XXVII, Issue 140, 30 November 1938, Page 5

Aftermath to Accident Near Pokeno

VEHICLE WRECKED TWO PERSONS INJURED DRIVER OF GAR IN COURT NEGLIGENCE CHARGE WITHDRAWN An accident on the Great South Road at the Pokeno deviation on the night of September 23; when a young woman and a man, IHr A. H. McAllister, were seriously injured, had a sequel in the Pukekohe Police Court on Monday, when the driver of the car, Henry Ernest Blddie, faced a charge of negligence. Biddle, a carpenter employed by the Public Works Department at the Waitakaruru dam, was represented by Mr M. R. Grierson. Sergeant W. Grainger stated that the car—an old beauty model —was going down the deviation to Pokeno when it struck the right hand wheel of a north-bound vehicle, driven by Mr G. E. Stembridge,. of Pukekohe. Biddle’s car was upturned, and. thrown a considerable distance along the road by the impact, which completely wrecked it. Stenibridge’s car also was fairly. extensively damaged, havf ,ing the right hand wheel broken, the axle bent, and other damage causedl McAllister and the girl were-both inf jured, the former seriously; and had to be taken to-hospital. Marks on the road showed Biddle’s car to be two feet on the incorrect' side of the road, he stated.

Man Seriously Injured Stembridge, giving, evidence, said that his party was returning from a children’s fancy dress party at Pokeno, and met the other car on a bend. As a result of the impact the other car turned a complete somersault. A girl was injured, and after removing her, he and the driver of the car were able to extricate McAllister from under the upturned vehicle. The injured man’s head they found to be caught up in the spokes of the steering wheel, and there was a lot of blood about. Stembridge stated that he smelled drink on Biddle, and he was shaking, but he thought this might be due to the shock of the accident.

Mrs May Garter, who stated that she and Mrs Stembridge also occupied the front seat of Stembridge’s car, corroborated the former witness’s statements. She added that although Biddle smelled of liquor he was quite sober.

Biddle said that it was about 11 p.m. when the accident occurred. The occupants of his car had been visiting some friends and were returning home. They had consumed a little beer when they were out. His oar was going down hill* at the time, and he was dazzled by the lights of Stembridge’s car as he was rounding a corner. He had passed two other cars on the deviation.

Car Thrown 50 Feet Along Road Constable A. P. Packer said that measurements he had made soon afterwards disclosed the fact that Biddle’s car had been thrown some 54 feet along the road. It had turned several somersaults, and was completely wrecked. The constable was quite satisfied that Biddle was sober. Biddle had told him that he had been" dazzled by Stembridge’s lights, although the latter said that his lights were dipped. The Magistrate: I have very definite views about dazzling. If someone is dazzled, and hits someone, it is negligence. Mr Grierson submitted that this was an occasion when all the facts synchronised, and defendant was dazzled. He had not come out of his turn when he came into the glare of the approaching car’s headlights, and consequently did not know when to straighten out. Had he straightened out, and then had the accident, counsel would admit that it was negligence, but in this he could not hold it to be so.

On the application of Mr Grierson, who pointed out the open way with which Biddle had admitted everything to the police, the Magistrate said that he would make the conviction one for failing to keep to the correct side of the road, and requested the withdrawal of the 'negligence charge. A conviction only was entered, and Biddle was ordered to pay 18s costs, and witnesses’ expenses 16s. On a charge of driving without a licence he was fined IDs with 10s costs, a similar penally being entered for no warrant of fitness.