MAGISTRATE’S COURT.

Manawatu Standard, Volume XLVIII, Issue 17, 19 December 1927, Page 6

MAGISTRATE’S COURT.

MISCELLANEOUS BUSINESS Mr J. L. Stout, S.M., presided over the regular sitting of the Magistrate’s Court this morning. Cycling without lights cost Thomas Twigge and Albert Young 10s, with costs a similar amount. John Richard D’Oyly, for having driven a motor car at a greater speed than 8 miles per hour in the Square, was mulcted in the sum of £l, with costs 10s.. Charged on the information of the borough traffic department with having exceeded 20 miles per hour on Napier Road, the same defendant was fined a further £2, with costs 10s. EXTENSION OF v HOURS. ' Charged on the information of the inspector of awards at Palmerston North with having extended the houra of a boy and a female worker beyond the limits allowed without having first obtained the permission of the inspector, W. J. Crawford, of Palmerston North, printer, pleaded guilty by letter. Inspector Lowden stated that, on a visit to defendant’s establishment at 7 p.m. on Deoember 2, he had found both a boy and a woman working without authority from the department. A fine of £2, with costs 10s', was imposed on each charge. ECHO OF COLLISION. Negligent driving of a motor car in Main Street on May 23 was alleged against Richard William Hay, of Palmerston North, commercial traveller. Defendant pleaded not guilty and was represented by Mr Ongley. The information, stated Senior-Ser-geant O’Grady, had been laid in May, but the proceedings had been adjourned pending a possible civil action. Defendant had been driving into town behind a lorry, and in endeavouring to pass this vehicle crashed into a lorry proceeding from town, causing the latter, which had a high load on, to capsize. Frederick Eric Cooksley, the driver of the capsized lorry, gave evidence in support of the police statement. Defendant, he stated, had been on his wrong side of the road and had been travelling at a rate of at least 25 miles per hour. Witness had sounded his horn on approaching the other lorry. To Mr Ongley: Witness admitted that defendant was trying to stop at the time of the impact.

William James Swan, flaxmill employee, and .William Kendall, farm labourer, eye-witnesses of the accident, gave corroborative evidence. The former, in reply to Mr Ongley, stated that defendant’s car had been almost stationary when it and the lorry had come into collision. ,

Peter G. Patton, borough traffic inspector, who had been called to the scene, deposed that the collision had occurred two or three feet from the centre of the road on defendant’s wrong side. No civil action was depending on the result’of the prosecution, stated Mr Ongley at the conclusion of the police case. Defendant had applied his brakes too suddenly—they had been adjusted just a few days before —and, as the asphalt surface of the road was 1 wet, the car had turned almost completely round, being struck by the lorry when in this position. Defendant regularly drove 2000 miles per month, and this was the first accident that he had experienced. Prior to the accident, said defendant, lie had been travelling at about 20 miles per hour, but, finding that the oncoming lorry was keeping to the centre of the road and would not give liiin sufficient room to pass the vehicle that he was following, he had to apply his brakes suddenly. They had been overhauled in a garage only two days before and worked so promptly that he was swung right round. All the damage that the collision caused to his car was confined to the rear portion of the vehicle.

Harold Clapham, garage proprietor, deposed that the brakes had been overhauled as stated by defendant. If they were applied suddenly on a wet asphalt surface with the car turned slightly to the right there would be a big tendency, to skid. There had been no tread on the rear tyres. This concluded defendant’s case. Defendant, stated His Worship, knowing that another lorry was approaching, should not have attempted to pass tire vehicle he was following. This was a dangerous practice, and a careful driver would wait until the way was clear. A fine of £2 was imposed, with costs £6 6s.