FEILDING

Manawatu Standard, Volume LVI, Issue 150, 27 May 1936, Page 5

FEILDING

MAGISTRATE'S COURT,

BY-LAW CASES,

The Magistrate’s Court sitting was continued yesterday, Mr J. G. L. Hewitt, S.M., presiding. Tor riding a cycle without lights on Aora.ngi Road, Feilding, J. E. Lund was fined 15s, and 12s costs. Riding wjthout lights cost Richard Vallance 15s, and 10s costs. For allowing stock to wander on the road, E. C. fSchmidt was fined 20s, and 12s costs. For allowing stock to wander on a main highway M. Faulk was fined 20s, with 12s costs. For allowing stock to wander on a public road, W. Whitehead was fined 30s, and 12s costs. DEFENDED CASE.

R. C. V. Parker, of Feilding, was charged that, on March 14, 1936, at Halcombe Road, Feilding. he had driven a motor vehicle in a manner deemed to be dangerous to the public safety The charge arose out of a collision in which defendant’s car had collided with a car driven by Mrs Colquhoun. Sergeant Angland prosecuted and Mr D. C. Cullinane appeared for defendant and Mr J. Graham watched the proceedings for Mrs Colquhoun. Constable Johnston, who gave evidence, was cross-examined at length by defendant’s counsel relative to the scene of the accident and the exact spot at which the impact occurred. The Court at this stage adjourned in order that a visit to the scene of the collision could be made.

At mid-day, after the visit to the scene of the accident, the hearing was resumed.

Mrs Colquhoun gave evidence that her speed was well under 20 miles an hour a.nd she had been travelling on the left side. When she had first seen defendant’s car it was travelling at a moderate speed, but this increased when it got down the hill. There was a lorrv travelling behind defendant’s rai\ The engine of witness’s car was beginning to knock, indicating that her speed was slow. Her son had been hurt as a result of the accident. Defendant had apologised and said he was sorry. It was not possible for her to have travelled more slowly without changing gear. Cross-examined, witness said she was not confused when she saw defendant’s car approaching, and she did not throw up her hands. She was not over the centre of the road in order to get a view round the corner. Defendant had cut across at an angle and

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the impact scarcely moved her car. The road at the corner was rough. Had witness not seen defendant’s car she would not have pulled over as far as she had done.

To Sergeant Angland, witness said she passed over the road frequently. It was always a bit rough due to water running across to watertables, thus causing bumps. E. A. Pa6k gave evidence that he had been proceeding along the road behind defendant’s car at a distance of 15 to 20 yards. Defendant’s car had been on its correct side and he had followed in iis tracks. Defendant had turned in towards Mrs Colquhoun’s car. Witness had not spoken to defendant. Cross-examined by Mr Cullinane, witness said he was travelling at 15 or 16 miles an hour. He could pull up his laden lorry in about 15 feet. Witness had taken the injured, child to the doctor for medical attention.

After the luncheon adjournment, defendant, questioned by his counsel, stated that lie was travelling at 15 miles an hour, and had seen plaintiff’s car approaching and . travelling two feet over the centre line of the road. Defendant had been on his correct side and had turned his car further to the left side of the road to avoid the oncoming traffic; lie had had to turn slightly back to the right in order to avoid running into the bank. Plaintiff’s car had come towards his car.

His Worship: Plaintiff says your car came towards her car, and you say her car came towards your car. What were you both doing? Defendant contended that plaintiff had lost control of her car and came towards his. Defendant admitted having turned in towards the centre of the road to avoid going over the bank, but said he had not crossed the centre line. He considered the road dangerous on account of looso metal and he had taken every precaution. He had applied his brakes. He further considered that his action in turning towards the centre of the road would not have caused an accident had plaintiff been driving on the correct side. He had been driving motor vehicles for 12 years and had not previously been involved in any accident.

His Worship said the case had taken considerably more time than it should have done. At the worst it was a case in which an error in judgment had been made. In fact, it had no importance from a public point of view; its only importance was the relation of the decision to the subsequent civil proceedings. To the Magistrate it appeared unfortunate that the criminal proceedings in such cases were taken before the civil proceedings because the decision in the crimi-

nal action had some influence on the Magistrate hearing the civil proceedings. After hearing the evidence for the defence, the Magistrate said that it was not a case of a man guilty of wilful recklessness. There was no criminal negligence and His Worship’s view was that defendant should not have carried on; he should have avoided the accident. Defendant would be convicted and ordered to pay costs, £2 Bs. HEAVY TRAFFIC REGULATIONS. On information laid by Mr AY. Berry, traffic inspector, the Highways Transport Coy. were charged that they did operate a heavy motor vehicle on the Bulls-Palmerston North main highway at a speed exceeding the maximum speed of 15 miles per hour. Mr J. Graham appeared for the defence and sa.id that the driver had been driving 15 years without any prosecution.

Harry Haytor, driver of the lorry, gave evidence that on no occasion had his speed exceeded 25 miles sail hour. Before starting out from Palmerston North on the journey to Wanganui he found that ono of his front wheel brakes was binding and lie was held up while the trouble was attended to. Ho was some ten miles out on the journey and travelling along the Sanson highway when he noticed that the trouble had recurred and the slightest pressure on the brake pedal liad the tendency- to cause the lorry to draw to the left. He saw Mr Berry’s car approaching from the rear and then lost sight of it. He first thought of stopping and put his hand out twice to indicate that .he intended to stop, but did not do so because he thought that if he applied his brakes and the lorry suddenly stopped Mr Berry’s car would crash into the rear of his vehicle. After passing the intersection at Sanson he slowed down and stopped, but the traffic inspector did not wait to listen io any explanation. His only reason for carrying on when ho knew the traffic inspector was present was to avoid the chance of Mr Berry’s car running into the rear of the lorry. His speed was 25 miles per hour. Mr Berry said that was ten miles greater than that allowed under the license.

The Magistrate decided to impose a penalty of £2, and costs.

DEFENDED CIVIL CLAIM

LOSS OF A DOG

In a civil action, Edward John Olsen, drover, of Eketahuna, claimed £2O from E. R. Shortall for the loss of a sheep dog which had allegedly been killed by defendant’s employee, Charles Wilson, when driving a lorryon the Feilding-Cheltenham Road. The claim set out that. Wilson had driven the lorry in a negligent and unskilful manner and had run over the dog, whereby the owner claimed the I damages named. Mr P. S. Page I (Eketahuna) appeared for plaintiff and Mr J. Graham for defendant. Plaintiff stated that he had been driving 500 sheep along the FeildingCheltenham Road and had with him four doge. The sheep were negotiating a bog when defendant’s lorry came | along at a fast speed. He had sent ; a dog to get the sheep off the road, when it was struck by the lorry. The ; dog was five years old and was valued at £2O.

To Mr Graham, plaintiff admitted

,that the road was two chains wide. Counsel for the defence submitter' that when the lorry came along most of the sheep were in the grass on tin side of the road and there was a clear passage for the vehicle. The dog was not on the road; having done its work, it had gone back to the drover. Cross-examined by Mr Graham, plaintiff admitted that he had not signalled the lorry driver to stop and after the dog had been run over he had not blamed the driver of the lorry-.

Alexander Jacobsen gave evidence that he had worked the dog and had offered Olsen £lO for it two years ago. He estimated its value at the time of the accident at £2O. Charles Wilson, driver of the lorry and an employee of defendant, stated that the dog had come out in front of his lorry after lie had passed the sheep. Before passing the sheep lie had changed gears and was travelling at between five and eight miles per hour. He had endeavoured to miss the dog, but had been unable to do so. ’The dog had emerged from behind the drover and had run across the road in front of him.

His Worship said that it had not been proved that the driver had been negligent, and plaintiff would therefore be non-suited.

A. AND P. ASSOCIATION,

ACTIVITIES REVIEWED

The report to be presented at the annual meeting of the Feilding A. and P. Association this week states:

“It is with pleasure that we announce a profit of £BO 5s 3cl during the past 12 months, after allowing £152 5s 3d (5 per cent) for depreciation on buildings and plant. Various items of expenditure show an increase, including bank interest, which is £4 Is more than last year, due to the additional expenditure on accommodation for pigs. Prize money to the value of £747 2s 5d was paid out, being an increase of £25 over the 1935 Show. This was owing to the inclusion of new classes and to better competition in most sections. Show day wages and expenses are always a heavy item, and this year’s expenses were £246 7s 2d, being an increase of £22. An itemised statement of this account was prepared for comparative purposes and it was found that £l7 10s of this increase was duo to extra catering expenses and commission paid regarding weightjudging competitions, the balance being spread over numerous small items. Printing and advertising is a little higher than last year, but the maintenance account shows a decease of £lO. Insurances, salary, rent, rates and night show accounts are practically on a par with the 1935 balance-sheet. Miscellaneous expenses are £l2 lower. The subscription account shows an increase of £ls and entry fees are £3 8s 7d more. This latter account would have shown a better return, but for the cancelling of many entries owing to storm damage experienced by prospective exhibitors. The side-show space was well patronised and netted £49 10s in fees as compared with £3O last year. Lawn and gate takings were £lO less, and it is considered that the severe storm a day or so before the opening of the Show was largely responsible for this decline, as so m;*ny_ people had to effect repairs to their property and had riot the time to attend the show. “Donations and life members. —This

I ■oar the amount collected in cash dona tions was considerably less thfin tli previous 12 months, the figures being 1936, £204; 1935, £232. The commit tc-o hopes that this account will shoi a welcome improvement in the nea future. Five life members joined u; last year. “The ram fair account discloses th excellent return of £173 6s fid profit The fair was most successful to th association and vendors alike, and i is worth while mentioning that n fewer than 120 flock rams sold at stui entry fees, and accounts for £4B ad ditional revenue. The supervisor Messrs N. J. Short and B. McLeod are to be heartily congratulated on th success of their department. “The farm account shows the sub stantial profit of £135 8s Bd, and witl their usual foresight the farm managers (Messrs Boddy and Swainson) hav< stocked up for the coming season, anc have made purchases to the value o £2OB 6s, all of which are paid for. Tin sale of catalogues and advertisement! was slightly better, and the amouni received for licensed booth, catering etc., privileges totalled £IOO, last years takings being £9l 11s 6d. The weightjudging competitions and the pom raffle were well organised and returned the nett profit of £llO 11s, being ai; increase of over £IOO on the 1935 show. To Mr J. B. Bindley we are deeply indebted for the gift of the raffle pony, “The financial position of the association can be summed up as follows: Twelve months ago the association had a bank overdraft of £674 4s Bd, less credit in life members’ account £l5O, leaving a nett liability of £524 4s Bd. At the end of the present financial year (March, 1936) the bank overdraft stands at £579 16s 6d. less life members’ account £200; nett bank overdraft, £379 16s 6d. From this statement it will be seen that we are actually £144 8s 2d better off at the bank to-day than we were 12 months ago. “It is impossible to thank individually' all those who so kindly help each year in promoting our Show, hut wc take this opportunity of acknowledging the willing heln given by the numerous voluntary workers as stewards at the various sections at the Sliow, particularly the ladies’who supervise the cooking. needlework and women’s institute section, the junior and senior stewards, tile cattle leaders, donors of cash or

t stud | '>e ' 48 ad-1 vac? rvisors ] pLcod) Mon the Sw:

ta-f trophies; also the judges for their exlie' cellent service. r ; | “The following nominations have it- been received for the year 1936-37: jw President, Mr IT. .T. Lancaster; vicear presidents, Hon. J. G. Cobbe, IH.P., ip and Messrs T. Collins, A. Kidd, N. J. j Short; lion, treasurer. Air L. J. Wild : he I committee, Messrs IT. D. Brewster, A. it.! E. Ellenn, F. W. Gorton, IT. B. John|)o ston. B. McLeod, H. A. Stewart, H. it E. Thurston, Beg. Younger. The geneno ral committee at its first meeting will id | he called upon to fill one extraordinary d-1 vacancy occurring on the general eomj.glmittee, vice Air N. J. Short. Alessrs dj'M. A. MacLeod, E. E. Short, E. B. C. del Swainson and 0. 0. Wilson did not seek re-election.”

PERSONAL,

Mr W. 0. Wilson, formerly headmaster of the Lytton Street School, and his wife, are Auckland visitors to Feilding. Miss Sylvia Wells, of Wanganui, is visiting Cheltenham, where she is the guest of Mrs IT. 13. Johnston.