“OFF” SIDE RULE

Hawke's Bay Tribune, Volume XXIV, Issue 237, 19 September 1934, Page 2

“OFF” SIDE RULE

Danger of Improper Reliance

JUDGE’S INTERPRETATION

By Telegraph —Press Association. AUCKLAND, September 18.

The danger of improper reliance by motorists on the off-side rule was emphasised by Mr Justice Heed during a hearing of an appeal case in the Supreme Court. In reversing the Magistrate’s decision, he gave a ruling on the interpretation of the off-side rule. “The right-hand rule is an excellent one for directing traffic,” he said, “but it is a very dangerous one in the hands of some people who think they can ‘barge in’ straight away regardless of other persons.”

The case turned on the responsibility for a collision between two motor-cars which occurred on October 23 last at the intersection of Dominion road and Mount Albert road. It was an appeal on fact and on law against the decision of Mr F. K. Hunt, S.M. Appellant, who was the plaintiff in the Lower Court, was J. A. Pearce, and respondent J. Hardiman.

In giving his decision, His Honour said that respondent had not reached the intersection and appellant therefore was fully entitled to enter upon it. For the same reason it was not a breach of duty on the part of appellant to fail to appreciate the time it would take respondent to reach the dangerous crossing. The only reasonable inference was that respondent was travelling so fast that when he noticed appellant’s car he was unable to stop. “The Magistrate has decided in favour of respondent on the ground that appellant failed to observe the righthand rule,” said His Honour. “That rule is an excellent rule for regulating traffic, but in matters of a collision between vehicles it is seldom the deciding factor. In the present case I can see no negligence whatsoever in the action of appellant in proceeding as he did. It is a typical case of that class that often troubles the Courts. It is duo to th© view unfortunately held by ifttme drivers and which is a fruitful source of accident that because of the right-hand rule a motorist is entitled to ignore motorists crossing from the left and ‘barge ahead’ regardless of other drivers. You see it often. In my opinion respondent had the last opportunity of avoiding the accident.” His Honour decided that appellant was entitled to have the judgment reversed and to obtain judgment on the claim and counter-claim.