LORRY DRIVER IN COURT.

Hawera Star, Volume XLVI, 28 January 1927, Page 4

LORRY DRIVER IN COURT.

CHARGE DLSMISSED

NEGUGENCIS NOT PROVEN

The circumstances, of .a collision which occurred between a motor lorry and a car at the • intersection ol__Eurlong street and Regent street, shortly after midday' on January 18, were recalled in the Hawera Court yesterday, when the lorry driver, Leonard Cecil Stokes, was charged before Mr. J. S. Barton, S.M., with having driven in a. negligent manner. After evidence had been taken the charge was dismissed. Sergeant J. Henry conducted the prosecution and Mr. H. L. Spratt- a.p- J poured on behalf of the defendant. Joseph Smitheram, farmer of Hurley ville, and driver of the car referred to, stated that he was driving his ca.r along Regent Street towards South Road and the defendant was driving in the opposite direction. Both vehicles were travelling at a reasonable pace and well nothin the limit. Witness .received the first intimation of defendant's imention to turn into Furlong Street when he was on the intersection, the defendant appearing to turn straight towards him. By this time witness was too far over the intersection to turn to the left to avoid the collision, there being a lamp post on the comer of the footway.

Cross-examined by Mr. Spratt. witness denied that he had made an .admission of excessive .speed. Constable Fleming said that from marks, visible on the road it appeared that Smitheran’s car Fad been at least three, parts of the way across the road, giving the indication that there had been ample room for the lorry to have passed behind the ca.r. The rear wheels of the latter vehicle had been pushed by the lorry for a distance of 15 feet across its front.

Air .Spratt intimated that the defence would rest upon the points that the defendant turned the corner in a proper manner and that Smitheram drove at an excessive speed. In evidence the defendant stated tliat when he approached the comer he blew his horn and held his hand out as an indication that he was about to turn the comer. Smitheram was considerably further from the intersection that witness, but was travelling at a speed of between 25 to 30 miles per hour. Witness was already turning into Furlong Street when Smitheram ducked in front, actually turning into that street and describing a curve in an endeavour to pass in front of the lorry. ihe court adjourned to visit the scene of the accident, where the car and lorry were placed in their positions. 4 When the court resumed, Milton y Bailey, who saw the collision, gave evi- * ' denco in corroboration of the defendant’s story; and Jack Kelly, apprentice carpenter, deposed to examining marks on the road that tallied with the version of the defendant.

The magistrate held that negligence in cutting the corner had not been, proved and the information was.accordingly dismissed.