MAGISTRATE’S COURT.

Hawera Star, Volume XLVII, 30 May 1928, Page 7

MAGISTRATE’S COURT.

HAWERA SITTINGS. The fortnightly sittings of the Hawera Magistrate s Court were concluded before Mr. W. R. Tate, S.M., yesterday alternoon, when a case arising out of a collision between two motor cars and a lorry occupied most of the afternoon. SEQUEL. TO A COLLISION. Harold Galt Dickie, for whom Mr. G. J. Bayiey appeared, was charged with attempting to pass another vehicle on March 1G contrary to regulations made under the Motor Vehicles Act, 1924. Herbert James McNelly, who did not appear, was also charged in connection with the same incident with driving in a maimer dangerous to the public. Sergeant Henry, outlining the case for the police, said that on March 1G a lorry and a car driven by Dickie had! collided on Tongahoe Hill, at a-very awkward bend. McNelly, who was coming in the opposite direction, was travelling at a. high rate of speed and collided with both the lorry and Dickie’s car.

Thomas William Smith, lorry driver, employed by the Hawera County Council, said he was proceeding along towards Patea and when.he had'just got over Tongahoe bridge he noticed a car behind him. He did not pull, off the road, but going round the bend, he pulled' off to his left where the road was wider. He noticed another car coming towards him at a speed of about 35. miles per hour. It was a; dangergus corner, just where, he was, and the speed of the oncoming car was, in his opinion, dangerous. The. distance of straight road where the vision was good was about seven or eight chains. Dickie attempted to go past. Witness did not know whether Dic'kie would have a view of the oncoming car ahead of the lorry. He did not hear any horn sounded. When Dickie tried to pass, witness pulled off further and put out his hand to signal Dickie to stay behind, as the oncoming car driven by McNelly was coming along at a fast speed. It slackened speed, about a chain in front.. He could not estimate the speed when slowing up, but the 1 car was skidding badly. McNelly’s car struck witness’s lorry, and Dickie’s car ran into the bank. McNelly’s car proceeded about half a chain .further after the impact. He considered the accident was attributable to the speed of reliy’s car, and to Dickie in trying to pass without having a proper view; of the road ahead.

In answer to My. G. J. Bay ley, witness said that had McNelly been going it a reasonable rate, Dickie would have been .able tq. pas®. McNelly’s car was well laden with merchandise and was swaying about considerably. Had Dickie remained on the road there would have been a head-on. smash. Witness considered Dickie had done the wisest thing in going, to the right and hitting the bank. After the impact McNelly’s car was facing the gully. Ernest Fake, employed by the Hawera County ‘Council, said he was riding on the lorry and noticed a car coming behind. The lorry was travelling about eight miles per hour. Dickie was the driver of the car following a few yards behind the lorry which he continued to do for a chain and a- half until they were around the bend. He did not see the oncoming car driven by McNelly. When, McNelly’s car struck the lorry on the right hand back wheel, it struck the left back wheel of Dickie’s car and continued on for about half a chain. Witness did not know of the approach of McNelly’s car until the collision occurred. ( In witness’s opinion the locality where the accident happened was particularly dangerous. To Mr. Bayley : Witness was sitting in the body of the lorry with- his hack to the driver. -At- the spot where Dickie attempted to pass there was plenty of room and he would have a clear view for about six chains. Constable Mullan stated that he went to. the scene of the collision and took certain measurements. Dickie indicated to him the point qf impact. There was a skid of 36 yards - towards the point of impact and from the point of impact skid marks for nine yards were seen. From the skid marks at the point of impact, witness considered that Dickie would have had plenty of room to pass had not- the others car been coming. ~~ To Mr. Bayley: McNelly would probably have gone over the bank had he attempted to take the bend at the pace lie came before striking the lorry. In reply to the Magistrate. Sergeant Henry contended that Dickie was at fault by attempting to pas® without a clear view of the road. The Magistrate considered there was no case against Dickie and dismissed *tho"charge.; With reference to the charge against McNelly the case was adjourned until June 12. •