MOTORS IN COLLISION.

Hawera Star, Volume XLVII, 13 September 1927, Page 3

MOTORS IN COLLISION.

CHARGE OF NEGLIGENCE PREFERRED.

well-known: farmer at COURT.

Arising from an accident which. occurred in the forenoon of Sunday, July 24, when cans driven by Janies John Patterson, farmer of Winks Road, Manana, and Catherine Sutton, of Normanby Road, near Mamada, were involved in a coilli.sion, the former was yesterday proceeded against before Mr. Ri. W. Tate, S.M., in the Manaia Magistrate’s Court on a charge of negligent' driving The hearing occupied the greater part of the sitting and much interest was evidenced in the case.

Sergeant J. Henry conducted the case on behalf of the police, Mr. P. O’Dea appearing for defendant. A plea of not guilty was entered. 'Sergeant Henry reviewed the c.ircumstamees of the case and stated that the defendant had been proceeding along Main South Bbad in the direction of Otakeho' while Mrs. Sutton was driving to Manaia along. Lower Nomianby Road, the collision occurring at the intersection.

Airs. Sutton stated in evidence that she had been proceeding to Church 15 on the Sunday morning, Mr. J. Wilson sitting beside her and instructing her in driving. She had been travelling very slowly when she approached the corner and had taken precautions to see that no one was coming. She was almost on the intersection when she first .saw the defendant approaching from the direction of Manaia. at a fast speed. The brakes on the car that witness was driving had been immediately applied and the car had stopped just on the road. Defendant’s car had collided with that of witness and after turning the latter around had then somersaulted. There had been plenty of room on the main road for two cars to have passed on the metal. Had defendant’s speed been reasonable and had he kept a good look-out the collision would not have occurred. There was a high hedge at the particular corner at which the accident had occurred and this rem I ere cl caution more necessary.

Oiokssrexamined by Mr. O’Dea. witness declared that Mir. Patterson had •a reputation for last driving. She vat* sure that she bad 1 applied the brake. When Mr. Wilson had first seen the defendant, he had called “Look out.” The coir which Mr. Patterson was driving wins a very old model of a popular make. The witness was positive that she had been making a correct turn, on her left-hand wide ol the road. The defendant was also driving on his correct, side of the road.

FIVE, MILKS AN HOUR. James. Wilson, a, motor driver, residing at Manaia., stated that he had been instructing Mrs. Sutton in driving on the morning of the accident. She had been driving at about 12 miles an hour, but had slowed down to about five miles an hour on nearing the corner on account of the high hedge. It was not until the oar had come almost level with the fence line on the main road that the defendant’s cai was first noticed travelling .at about thirty-'five miles an hour. Witness pulled qii the emergency brake and the car stopped dead. The driver of the approaching car clad nof slacken speed, but .swerved and as a. result the rear left wheel struck the can- witness wa.s in at the front, on the right hand side The impact caused Airs. Sutton’s car to be swerved round and then Air. Patterson’s ear had capsized. Gross-examined, the witness said he had been driving since he was 12 yeans of age. He had been engaged to teach Airs. Sutton, and had given her about six lessons up to. the occasion of the accident. The. car had been pulled up within one car length on the application of the brake. The collision had occurred on. the edge of the. tar, Mr. Patterson travelling on bis correct side.

Mr. O’’Den : Why didn't you turn up tiho Ofca.keho way when you saw Mir. Patterson. coining.—There wasn’t time. We were almost. on the main roac 1 when we saw him coming on account of the high fence. Mr. O’Re a : Well, if von couldn’t see what wtas on the main road, why didn’t you .send someone out- of the can- to see if anything was coming? (laughter). Continuing, witness stated that Mr. Patterson’s ear had somersaulted after the collision. A couple of model oars were used by the witness to demon,stratO't the collision and subsequent events.

MEASUREMENTS OF SKID . MARKS. Constable J. Saammell deposed t,o visiting the scene of the accident and examining marks on the road. These showed that the wheels of the car proceeding from the Normanby Road had been locked for about nine feet oif .the tar surface until reacliimg this arid after proceeding a few inches had .turned towards Ota.keho and skidded a further five feet. After the accident Mr. Patterson had made a .statement in which ho alleged that Mrs. Sutton had caused the collision, ho having been travelling at about twenty miles a,n hour. Roth parties appeared to liave been travelling on their correct sides of the -road. Cross-examined by Mr. O’Dea, witness said that, ho had Later visited the intersection, to look for a missing wheel. This had been, found thirtysix yards down the road where it bad run in to a. box thorn hedge . Sergeant Henry : It’s a. good job that fence was there, it might have been going yet. In, evidence, detenda.nt .stated that lie had been driving “pretty steadily ’ for ton years. As lie .approached the Lower Normanby Road lie had been travelling at not more than twenty miles an hour, lie saw the other car appear out of the side road at a, .speed greater than his. It did not seem possible; to avoid the car by continuing straight on. and so witness swerved to his right, lie could .see that the other parly intended going to Manaiiai as the driver had cut the corner. His car was struck >Oll the left side towards the rear, and witness could remember no more until after the accident. Ht had with him in the can- Mrs. Patter son, who. was. an invalid and at first he feared she had, been killed. He at once proceeded to help her out a«s she had been, pinned down. When Constable Seannell arrived the later had said : The lady drivers again. Ijiaibeir t»h-e 001 us table bad a»sko<l 11 nn to sign a. statement to the o fleet that lie had capsized his: car to avoid the other one, but this witness had refused ito do«. The constable had .sa.id he understood that witness intended to bring an action. fo, r damages against the other party. but witness had said this was incorrect as the expense of n new pair of wheels would not be as grieat as the legal expenses in such an action.

TWENTY MILES PER HOUR. NOT DANGEROUS. Gross-examine Cloy the sergeant, witness sard ipterseptioai was a

dangerous one, but he did not consider hi.s speed of 20 miles an hour was dangerous. Witness luid previously capsized bis ©air, but. this was attributto the bursting of a. tube. ll© admitted that if lie had travelled at ten miles an hour it was probable that tlie accident would not have occurred. Tlie Magistrate expressed a. desire to see the intersection and the Court adjourned for this purpose. Stephen J. Bennett, in fanner residing at Kuupokqnui, stated that after the accident, Mrs. Sutton’« car had been standing over the centre of tlie main road facing towards O'takelio. From the marks! on the road it appeared that the collisioni had occurred'a little beyond the centre of the road on Patterson’s right-hand side. The skid marks of Mrs. Sutton's ear indicated that the brakes had been applied for a distance and then released . A-si far- as witness knew, Patterson was a careful driver. Hector Bennett, a son of the previous witness corroborated the evidence. Cross-examined, witness .said that defendant always travelled at a reasonable speed. Any speed up to thirty-five miles am hour was 'reasonable. Paul W. Espiner, a. farmer of Mamaiia, stated that he had passed the defendant a few chains from the intersection when the hitter’s speed had been reasonable. John A. Elkingtou, Charles Sollicker, Joseph Mathis, and Churchill Feudal! also gave evidence in reference to the skid marks and positions of the oars after the accident. Mr. O’Rpa. submitted that a, speed of twenty miles fun hour on a., main mad was not excessive and on that ground defendant could not be convicted of negligence. The Magistrate said that as several contentious matters were in-volved he would give his decision in writing.