Christmas Day Car Collision

Manawatu Times, Volume 63, Issue 45, 23 February 1938, Page 3

Christmas Day Car Collision

ECHO OF FEILDING HAPPENING At the Feilding Magistrate’s Court yesterday charges relating to breaches of the traffic regulations recalled the Christmas Day motor-car collision in Feilding when cars driven by William Huston, of Feilding, and T. A. Johnston, of Auckland, met at the intersection of Gray street and Manchester street at about 6 p.m. Johnston was proceeding, with his family, from Auckland to Masterton, via Feilding, and was travelling down Manchester street at the time of the collision, having left Auckland that day at 4 a.m. Huston was returning along Gray street to his home in Port street. Johnston defended a charge of failing to observe the right-hand rule and was represented by Mr. J. Graham while Huston, who was represented byMr. P. C. Miles, denied a charge of driving without due care and attention. Sergeant Turner, who conducted the case, said that there were no eyewitnesses and he would call the evidence of the constables who took measurements immediately after the colli sion.

The defendant Huston gave evidence that he eaw Johnston’s car coming down Manchester street and he proceeded on to the intersection assuming that the right-hand rule would apply and Johnston would give way. His wife drew his attention to the approaching car and later it was on him before he could do anything. He estimated' his speed at 25 miles an hour and that of the car driven by Johnston at a considerably faster rate. When asked to mark on the plan the approximate positions of the cars when he first saw Johnston’s car, defendant placed the marks in positions indicating that Johnston’s car was nearer the point of impact than Huston ’s. The defendant Johnston said that he was doing about 20 miles per hour when he approached the intersection. He saw Huston’s car some 80 yards along Gray street when he would be about 20 yards from the intersection. Huston’s car was travelling very fast; he would say about 50 miles per hour. Continuing Johnston stated that he was over halfway across the intersection when he was hit broadside on by Huston’s car. Actually he was swerving to avoid Huston when the collision occurred. He never expected Huston to come on when he (Johnston) was so far over the intersection. Defendant was well aware of the right-hand rule and knew his obligations but in this instance he was well on to the when Huston came up travelling very fast.

In summing up, the Magistiate (Mr. R. M. Watson) said that there was no excuse for a collision and in this case there was the usual conflict of evidence between the parties as to where the cars -were when the drivers first saw each other. . . . Although the defendant Huston was not a good witness it did not mean that the Magistrate accepted Johnston’s statement that Huston was 80 yards along Gray street and Johnston 20 yards up Manchester street from the intersection when the parties first saw each other. It was quite clear that Johnston broke the right-hand rule and would be convicted accordingly. As to Huston the Magistrate was satisfied that he had not driven with care. Both would be convicted and fined 30s and costs.