MOTOR CAR AND TEAM.

New Zealand Herald, Volume XLIX, Issue 15075, 19 August 1912, Page 5

MOTOR CAR AND TEAM.

A NEWMARKET ACCIDENT.

MOTOEMAN'S APPEAL.

HEARING IN SUPREME COURT.

A tram car struck a, motor car in Newmarket on February 29, and in the proceedings subsequently taken by the police, tho tramway motorman was fined £6 and costs £2 14s, for having been guilty of culpable negligence.

Tho whole matter was again investigated at tho Supreme Court on Saturday, before- the Chief Justice, Sir Robert Stout. An appeal was lodged by Charles Frederick Hudson, tho motorman,. against the decision of Mr. E. C. Cutte'h, S.M., tho respondent being Sergeant Dale, officer in charge of tho police at Newmarket. Mr. A. E. Skelton appeared for the appellant, and Mr. Schvyn Mays for tho respondent. The- grounds of the appeal were that tho appellant used all proper precautions. and all tho appliances at his disposal, and that tho accident was duo entirely to the negligence and actions of Isaac Hopkins, the driver of tho motor car.

Mr. Mays explained that tho motor car was coming towards Auckland, past tho Newmarket school, when tho train car overtook it. Tho motorman rang the bell, and somo who were on the car shouted, but Mr. Hopkins was deaf, and did not know that tho tram was behind him. In criminal law it did not matter at all whether he was deaf or blind.

Issac Hopkins stated that ho was Government Inspector of Apiaries. He turned from Owen's. Road into Manukau Road, and looked back to see if any vehicles wcro about, but saw no tram. Ho had only gone about a quarter or a third of a mile, when his car was suddenly bumped from behind, on tho off-side. Ho had heard no bell, and no shouting, and ho was not aware at any time that a tram was behind him. His car was shot ahead, and was much damaged; but ho was not hurt.

An Accident Expected. \

Margaret Elena Robinson and Carolina Theresa Taylor stated that, they were driving in a trap closo to tho scene of the accident. The car and the tram passed them, one behind the other, and from the way the tram was gaining both expected an accident, and concluded that tho driver of tho motor car must bo deaf. The tramcar did not stop when it struck the motorcar, but pulled up a little, and the motorman looked back, and then went on. Robert William Upfold stated that ho watched tho tram car catching up to tho motor car. From tho way the gong was ringing, a.nd from tho fact that some people on the front platform were laughing, he thought a race- was in progress. Then ho remembered that Mr. Hopkins was deaf, and tried to warn him; but he was too late.

Sergeant Dale, officer in charge of tho Newmarket police station, stated that ho had been told By tho motorman after the accident that ho was travelling at from 15 to 20 miles per hour, but he declined to make- a further statement, on the ground that he had to look to tho company. In the lower Court, the appellant had stated his speed as between 10 and 15 miles per hour. Tho road where the accident occurred was wet and greasy at the time— in its usual condition.