CHARGE OF SPEEDING.

Hawera Star, Volume XLVII, 16 November 1927, Page 11

CHARGE OF SPEEDING.

SERVICE, CAR COLLIDES WITH SHEEP. At the Eltham Magistrate’s Court yesterday, before Mr R. VV. hate, S.M.. Douglas Charles Rawlinson, driver oi a sea-vice car on the Hawera-New Plymouth run, was charged with driving his car at an excessive sliced —more than 24 miles an hour —on the Mountain Road on September 19. A second charge of driving at a speed dangerous to the public was also preferred against lnm-

Mr N. M. Moss appeared for defendant, and pleaded guilty to the first and not guilty to the second charge. Sergeant Martin (Haw-era), who conducted the case for the police, outlined the two cases, which arose out of the same set of circumstances. He stated that Rawlinson was on his afternoon run from Hawera to New Plymouth, and when about two miles on the Haivera side of Eltham, he topped a rise in the road at a speed of about 40 miles an hour, and dashed into a mob of 72 stud sheep, killing two, fatally injuring three and injuring three others. Mr Moss hea-e interjected that the car was running to a time-table.' Thomag Gordon Guthrie, sheepfarmer, Rotokare Road, said that on September 19 he was driving a mob of 72 uewly-shoin rams in a southerly direction from Rotokare Road. Whom near ing a rise l about a chain from the intersection, a service car: driven by Rawlin son ran - into the sheep. Two were killed, three had to he destroyed, two had legs broken, two injured (one of which died the same night), and the others were rendered unsakabe. The car was 40 yards from, the' sheep when it was possibe to sight them, and when the driver first saw them he appearedfcto stand on the foot brake, which evidently did not function, for the car ran into the sheep. The handbrake was applied after the car passed through the mob, and the caa- skidded about 40 yards and stopped 17 yards further on. He valued the rams at eight guineas pea- head. Under examination by Mr Moss, witness said at the time of the mishap he had no dog at the head of the mob, having previously called him in. The sheep occupied the whole width of the asphalt. Witness had previously been told by service drivers- -that lie should not didvie stock on the read and on. the day in question lie' had purposely postponed taking the' road until such time ns there was little likelihood of meeting a seawice car. Henry Woolfindin, a Hawera stock auctioneer, Constabe Townsend, of El- - and A. Tipladv, clerk to .the Eltham County Council, also gavei evidence on behalf of the prosecution. Mr Moss contended that the driver had to maintain his position by running to time-table without endangering his own safety. In this particular case the circumstances dealt with an exceptional emergency- It was admitted by the owner that his sheep occupied the width of the road, hut there was no evidence to show that his life was en dangered. Rowlinson was ascending a steep rise and naturally accelerated to reach the top; the road was occupied by the sheep and hi-s only course was to sharply appy the brake; this hie did with such weight- and force that the brake was broken and fai'ed to fune tion.

D. C. Rowlinson, service, car driver, of New Plymouth, gave evidence that he was on bis usual two-hour run from Hawera. to New Plymouth omi September 19. He followed Woolfindin for about a quarter of a mile on the Roylan Road. On reaching a sufficiently wide portion of the road he incieased his speed and passed the other car at about 35 miles an hour. He then dropped to about 30 miles an hour, and maintained that speed until l he reached the rise on the Hawera side of Rotokare Road. On mounting the rise lie caught the first glimpse of the sheep at a distance of 25 yards. They were spread over the whole width of the road. On applying the foot-brake it broke under the strain, and he then put on the hand-brake. Had the footbrake not failed be would have been able to bring the oar to a standstill liefore running into the sheep, which were then distant two and a half lengths of the car. On reaching the top of the rise alter accelerating to his average speed (30 miles') the sheep were practicallv at a standstill, and lie saw no dogs. Until lie was summoned on the present charge he had no idea of the regulation in reference to the 24 miias per hour maximum, which he always understood was 35 miles. _ He bad never driven the car in question at a speed of 40 miles. He temporarily repaired the foot-brake before resuming lib journey to New Plymouth. Douglas Lobb, motor mechanic, New Plymouth, also gave evidence. After a discussion on legal, points and an undertaking bv Mr ’Most® to submit a written opinion on certain phases, the Magistrate .said he would reserve has decision.