MAGISTRATE’S COURT.

Manawatu Standard, Volume LX, Issue 96, 21 March 1940, Page 5

MAGISTRATE’S COURT.

TRAFFIC CASES. The fortnightly sitting of the Magistrate’s Court, iq EoiJding, was hold on Tuesday, Mr E. M. AVatso.li, iS.M.. presiding. For allowing a chimney to catch fire E. E. Young was fined 10s. Failure to possess a warrant of fitness to drive a car cost E. S. Hunt, of Palmerston North a fine of 30s. Raymond Dajs, of Halconibe, was charged with having no warrant of fitness and no rear light on his vehicle. On tlie first charge lie was fined 15s, with costs 12s, and £l, with 10s costs, on the second. A charge against 1. 11. Old, of Cunninghams, of driving without care and attention was taken in conjunction with the charges against Dais. 'flic actions arose out of an accident which occurred at Halconibe wherein a ear driven by Obi collided with Dais’s stationary lorry, which, it was stated, was parked without lights at an intersection at Halconibe at 7.30 p.m. oil March 1. The question as to whether it was dark at that hour was debated at length, it being stated that it was raining and the road was wet. It was further stated that Dais’s lorry had a reflector at the back, and it was alleged that it was capable of attracting the attention of traffic approaching Irom behind. Mr A. M. Ouglov, who appeared for Old, stated that tne efficiency of the reflector would be determined by the angle at which it was placed. Summing up, the Magistrate said that it was the duty of the Court to say whether the evidence estab lished beyond reasonable doubt that defendant had driven without due care and attention. “I do not think that that has been established beyond reasonable doubt,” he said. On the balance of evidence he found that it was quite dark and it was raining, while it was common knowledge that it was difficult to pick up nil unliglited stationary vehicle and particularly a lorry.” The Magistrate went oil to refer to an accident which had happened on file Hutt Road when a motor-ear crashed into an unlighted lorry and in the opinion of the Court a ease cited by Mr Onglev supported the present ease. The information would be dismissed. On a charge of failing to keep time hooks up to date Messrs ShortalTs Transport. Ltd., Feilding, were fined £l 10s, with costs 10s. Inspector D. M. Ford, of the Transport Department, prosecuted. The Magistrate said a conviction would have to be entered, as the record of times had not been entered for 11 days. On a charge of permitting a driver to work longer than 11 hours in 24, Messrs Sliortall’s Transport, Ltd., were prosecuted by the Transport Department, represented by Mr Ford. Evidence was given that- an employee had been charged with the job of taking a lorry to Txaponga from Feilding on November 13 and had been instructed by his employers to take two days on the trip. He had worked longer than necessary and had exceeded the eleven hours provided for in the drivers’ award. Ho had engine trouble on the trip, and the Magistrate said he could not see his way clear to convict the firm for an offence of working an employee over the prescribed timepvhen the employee had acted against instructions given by his emplovers. It was stated that iTie employee had not been short paid: in fact lie admitted that lie received considerably more than the award wage. pluS* overtime and a substantial bonus. Archibald C. McKellar. a night porter, pleaded not guilty to a charge of indecent assault and was committed to the Supremo Court for trial.