ERROR OF JUDGMENT

Otago Daily Times, Issue 23340, 4 November 1937, Page 12

ERROR OF JUDGMENT

CAR COLLIDES WITH TRAM MOTORIST TO PAY COSTS " The weight of evidence satisfies me thai the defendant ran into the tram { but it was an error of Judgment only, said Mr W. F. Stilwell, S.M./in convicting Herbert Harry Sterling, company manager, in the Magistrate's Court at Wellington on Tuesday, and ordering him to pay cfists totalling £2 3s on a charge of driving without due care Defendant conducted his own case, pleading not guilty. ■ Witnesses gave evidence to the effect that defendant's car came out from where it was parked and brushed against the centre steps of the tram. In a statement to the police the defendant said he looked out to the right before pulling out of his parking place. He saw no traffic approaching, and drove off in a southerly direction. Defendant gave evidence along the lines of his statement. He said he could not see the tram owing to other cars being parked on his right. There were two parked fairly close to his car. He drove off in a southerly direction, pulling into the line of traffic. Had the bell been sounded on the tram he could have pulled up. Defendant contended tha 4 the tram drove into him. "It bore down on me; I did not drive into it," he said Sub-inspector Roach: Surely you could have seen the tram if you had kept a proper lookout. It was your duty to keep to the right.—l did so, but saw no tram.