CAR AND CATTLE.

Hauraki Plains Gazette, Volume XXXXII, Issue 2805, 25 November 1931, Page 5

CAR AND CATTLE.

COLLISION AT NIGHT. NEGLIGENT DRIVING CHARGE. CASE DISMISSED. As the result of a collision between a car, driven by Robert Comer, of Thames, and a mob of cattle at Matatoki on the evening of September 17, Comer appeared in the Police Court, Thames yesterday, before Mr F. W. Platts, S.M., charged with negligent driving. William Scott, of Tirau, gave evidence that on the date in question he wds driving cattle from Kauaeranga to Puriri. When approaching Matatoki with the cattle a car approached and ran into them. The car was coming from Pacroa towards Thames and climbing a slight grade. Dusk was just falling, but he could see the ear quite readily before il approached the cattle, and it appeared to be travelling at about 30 miles per hour. He was driving about 14 cattle and the car crashed into one of them, knocking it down, passing over its body and stopping some yards along the road. He spoke to one of the ccupants of the car, who appearedto have had some liquor, but was not drunk, nor could he be described as under the influence of liquor. To Mr Clcndon, witness said there was not sufficient undulation on the road to obscure the cattle. The car struck the animals in the middle of the road. He considered the driver did not keep a sufficient look out. The cattle were fresh from the bush, and at the time were tired and footsore. Robert B. Scott gave corroborative evdencp. The flriver of the car said the foot brake was not much good, and one of the passengers had remarked they had been “on th? beer a bit.” He did not notice that the driver had been drinking, hut he know that the party when they went to football matches were in the habit of “getting ’tunned up” and “enjoying the pubs” generally. He would not place the driver under that description, however. To Mr Clcndon, witness said the car carried the cow about ten yards. He assisted to lift the car off the cow. He and his brother had cleared the road for every other vehicle, but Comer's, which came too fast. Comer bad said later that his foot brake was not much good and that he was unable to get at the hand brake in time. Constable Locki-j then gave evidence to the effect that Comer admitted consuming a lit'.le liquor at Paeron following a football match. The driver of the car, Comer, then went into the box, and in evidence stated that he left Pacroa shortly lifter 5 p.m. He passed through Hikutain about 5.45 p.m., and about 6.15 came up with the cattle. He had his lights burning. As he mounted a rise, and just after reaching the top, he saw some cattle about 15 feet away. He was unable to operate his brakes in time to avoid a collision. He 1 nd no warning that the cattle were on the road.

To Mr Clendon, he said he had been driving regularly for three years. He was travelling about 25 miles rik'r hour. Sergeant McNamara: According to your evilence, you took half an hour to go six miles. You were travelling about 12 miles per hour? Witness: No, 25. ' Daniel McKay. County Clone, of Thames, gave evidence that he was «ning from Paeron, travelling about 20 miles per hour, and near Matatoki almost ran into a cow. He was never ‘'-•nrer an accident in his life. To Sergeant McNamara, he «nid the light was faulty. He did not know of any holding paddocks along the road, though there were plenty of private paddocks that could be obtained. Mr H. Henderson, who was an occupant of . Comer's car, corroborated the driver’s evidence. He reckoned the car to be under the speed limit. All occupants were sober, and the accident, in his opinion, was unavoidable. In summing up, his Worship said it was difficult, to see cattle at night, and especially in failing light. Cattlewere not allowed on roads at night under the Stock Act. No conviction would be entered. The information was dismissed.