COURT SEQUELS TO ACCIDENTS

North Canterbury Gazette, Volume 7, Issue 59, 26 November 1937, Page 5

COURT SEQUELS TO ACCIDENTS

Small Fines Imposed

MAGISTRATE IN A HURRY:

EVIDENCE CURTAILED

Business was brisk at the sitting of the Magistrate’s Court held at Rangiora on Wednesday. Mr E. C. Levvey, S.M., who presided, was not long in making it clear that he was in a big hurry. He said he had a heavy afternoon’s work in front of him, and several times asked that witnesses, counsel, and the police be as brief as possible. In one case Constable J. P. Simmonds had barely commenced his evidence before he was told that it was not required. Two accidents had their sequels in court. One referred to a collision at the corner of Ashley and High Streets between a motor-cycle ridden by John Momo and a car driven by the ltev. R. Taylor, of Sefton. The second case arose out of the smash in Perceval Street which involved a car driven by R. J. Kennedy. The police proceeded against John Earl Momo, who was charged with riding a motor-cycle without due care and attention. Momo conducted his own defence.

Sergeant 0. P. McEntee said on the date concerned Momo was riding a motor-cycle east along High Street with a pillion passenger aboard. At the intersection with Ashley Street he came into collision with a car driven by Taylor. It was suggested that be had been going a little too fast considering that it was market day, and that he had not exercised due care.

J. N. Lewis, baker, gave evidence that be saw the motor-cycle pass his shop. The speed - was in his opinion excessive considering the circumstances.

Similar evidence was given by C. G. Vette and J. H. Vette, who were standing at the intersection. They also considered the motor-cyclist’s speed was excessive in view of the traffic about. Robert Taylor, Presbyterian Homo Missionary at Sefton, the driver of the car involved, said the car was in second gear at the time of the accident and travelling very slowly. His car was almost stationary when the impact occurred. He did not see the motor-cycle until it was six feet awaj r from him.

Defendant stated in evidence that he was going 15-20 miles an hour coming along High Street. When approaching the intersection he saw Taylor coming in from Ashley Street. The car was going slowly, and slackened as it reached High Street. He took it that Taylor was going to stop, as it was his place to give way. But instead the car kept on and the collision occurred.

Corroborative evidence was given by the pillion passenger. Selwyn Baker, of Tuahiwi, who was sitting in a stationary car in High Street near the intersection, said the speed of the motor-cycle was about 22 m.p.h. along High Street ,and slackened to 15 for the intersection. Tile Magistrate: When did you first settle on this 15 m.p.h? Arthur Ryan, also in the car, gave similar evidence. “The weight of evidence is against the defendant,” said the Magistrate, in inflicting a fine of 10/-, with costs 24/-. Second Charge Arising out of the accident, Robert Taylor (Mr H. K. Kippenberger) pleaded guilty to a charge of failing to give way to traffic on his right, and was fined 10/- and costs. The Magistrate made his decision on this after hearing the evidence in the previous case.

Perceval Street Crash

CAR OUT OF CONTROL ON

BENDS

Ralph Joffre Kennedy was charged on three counts: (1) driving a car without due care and attention; (2) driving a car without a license; and (3) driving a car without a certificate of fitness. He was represented by Mr E. D. R. Smith and pleaded not guilty to the first charge and guilty to the others.

Sergeant McEntee, outlining the case, said tEat Kennedy had bought the car on the day of the accident only. He drove it down to a dance at Southbrook, and while there was asked by 4 frieftd to drjve back to

Rangiora to pick up a. young lady. Miss Eileen Hodgson accompanied defendant. The car was driven up Victoria Street into Perceval Street, and shortly after the intersection got out of control on the double curve there. It hit a .post, and . then continued on to capsize. The car was severely damaged and the pole shifted. Defendant suffered skin abrasions and concussion, and his passenger had some bad cuts and abrasions, and also suffered from concussion. She spent a week in hospital. It was suggested that the accident was due to the driver’s inexperience, but ho maintained that the accelerator had jammed. Eileen May Hodgson, giving evidence, described the accident. The speed of the car was fairly fast approaching the bends. She was nervous because she considered Kennedy was going too last. She was a licensed driver and she would not have taken the bends at the pace Kennedy took them. Cross-examined by Mr Sputh, Miss Hodgson said she seemed to notice a sudden increase of speed in the car just prior to the accident. She could give no reason for this. Defendant, in the box, said he had purchased the car only that morning. He had ridden motor cycles for some years, and knew how to drive a car. He drove part of the way from Christchurch, and later drove down to the dance. He understood the ear had a certificate of fitness when he took it from the garage. He had no license, but intended to get one on Monday morning at Cheviot, where he worked. The dealer had told him to watch the accelerator, as it was inclined to stick. He was travelling about 30 m.p.k. when approaching the bends. He took his foot off the accelerator and the car responded, slowing down; but the next time he did this it speeded up. The Magistrate did not take the evidence of Constable Simmonds, who took measurements after the accident.

Kennedy was fined £l, with costs’ 18/-, on the first charge; 5/- and costs on the second charge; and ordered to pay costs on the third.