MOTORING MISHAP.

Hawera Star, Volume XLV, 10 December 1925, Page 5

MOTORING MISHAP.

SEQUEL IN COURT.

MAGISTRATE’S INTERESTING DECISION. Evidence in connection with the recent motoring mishap at Manaia, as a result of wnich Matthew Langlands claimed £37 damages from J. O. Turner, was concluded in the Hawera Magistrates’ . Court yesterday afternoon, the magistrate, Mr, J. S. Barton, S.M., delivering an interesting judgment. Mr. Barton, in traversing the evidence, said that Langlands was following in his car the car driven by Turner, out of the town of Manaia. When near the intersection of the' stock route Langlands blew his horn preparatory to passing Turner, and although Turner did not hear; lie swerved over to the left, and Langlands accepted the invitation and attempted to pass. It happened, however, that Turners’ move to the left was only preparatory to turning to c!-c right into the stock route, so. that Langlands, who was then practically abreast,, in order to avoid a collision also turned to the right and collided with a tree, thus sustaining the damage claimed for. The magistrate pointed out that it had been held that when one man attempted to pass another he took charge of the situation, but in the same way it appeared that a man in attempting to -turn into another; stream of traffic also took charge of the situation. Because Turner had not indicated his intention to turn into the by-road lie was guilty of negligence. Langlands, however., had too readily accepted Turner’s swerve to the left as an invitation to pass, whereas it was only a preparation to turn into a by-road. Langlands was therefore also guilty of negligence and could not recover. Judgment would be for the defendant, with £3 3s costs. Security’* for appeal was fixed at £lO. ‘ ' - -• •