NEGLIGENCE CHARGE.

Manawatu Standard, Volume LVII, Issue 9, 9 December 1936, Page 2

NEGLIGENCE CHARGE.

CONVICTION OF MOTORIST. , “I think that four people sitting in the front of a three-seater car necessarily interfere with the driving, and that it is negligence. It must obstruct the driver’s vision and control,” stated Mr J. L. Stout, S.M., in the Magistrate’s Court, on Monday, when fining Itoy Louis Orchard £2, with 10s costs, on a charge of negligently driving a ear at the intersection of Ferguson and Linton Streets. Evidence was given by Constable Chapman that he was called to the scene of the collision, on November 16 Defendant was driving a threeseater car, in which there were stated to have been four occupants, one of whom, a girl, was sitting oil the knee of another passenger. This was on the extreme left, and would probably obstruct the driver’s view to the left. Defendant stated in evidence that his speed would be under 15 miles an hour when ho reached the intersection. His view was not obstructed by his passengers. The other vehicle involved in the collision was travelling at between 30 and 40 miles an hour. Corroborative evidence was given by Noeline Oliver, one of the passengers in the car, who said she did not consider that she was, in the position where she was sitting, obstructing the driver’s view. FARMER FINED. Charged with negligently driving a, car at the intersection of Boundary Road and Rangitikei Street on November 5, George Hamish Wilson, farmer, of Bulls (Mr A. M. Ongley), pleaded not guilty. Evidence was given by Edward Whitehead, contractor, of Palmerston North, that he saw a collision at the intersection, where a car proceeding out of the city along Rangitikei Street struck and turned round a lorry emerging from Boundary Road at a speed of about five miles an hour. Witness considered that the car had been travelling too fast for the intersection. Defendant, in evidence, said that, nearing the intersection, he was travelling at 23 miles an hour, and kept well over to his left in his endeavours to observe every driving precaution. The lorry should have given way to him, but had he seen it earlier he would have stopped. Being too close to do this, he swerved to the left and struck the back of the lorry. Defendant had been driving since 1906. In inflicting a fine of £2, with 17s costs, His Worship said that the defendant’s own admission was that he did not see the lorry coming slowly out of the side road until he was right on it. It was apparent that defendant had been travelling at a fair pace, but be should have seen the lorry, and the fact that lip was not keeping a good lookout constituted negligent driving.