NEGLIGENT DRIVING

Southland Times, Issue 19389, 1 November 1924, Page 7

NEGLIGENT DRIVING

CAUSE OF TAY STREET COLLISION. INVERCARGILL DOCTOR CONVICTED. At the Magistrate’s Court yesterday, Mr G. Craiekshank, S.M., delivered his reserved judgment in the case in which Sylvester John O’Sullivan and Dr Stanley Brown were charged with negligent driving, the charges arising out of a collision at the intersection of Tay and Kelvin streets between the two defendants. His Worship’s decision was as follows: “These are informations against Dr Brown of Invercargill and Mr O’Sullvan of Gore for negligent driving. There is little discrepancy about the main facts. The two defendants collided in Tay street, and the police have brought them both before the Court to explain their actions. Tay street is a two-chain street running east and west, and is intersected by Kelvin street, a one-chain street running due north and south. At all the corners are large business places. At the north-east comer of the footpath of the intersection is a telegraph pole, and 18 feet diagonally in from that pole is a manhole with an iron top. It was here that the collision took place. It was a wet, misty night but not raining. Dr Brown drove south along Kelvin street and crossed over the width of Tay street. There was apparently neither pedestrian nor vehicular traffic about. When nearly across the intersection Dr Brown suddenly saw the radiator of a crossing car loom up in front of his windshield. It was too late to avoid a collision, and Dr Brown’s car hit the other squarely amidships on the running board. O’Sullivan, the other defendant, was driving west along Tay street on his proper side of the tramrails. Approaching the intersection he kept a close look-out on his left hand for any traffic from the south. 'There was the bright light of a car some distance down. O’Sullivan had his side-curtains up. He knew nothing of the presence of Dr Brown in his neighbourhood until he felt the shock of the collision. Looking at all the facts, I cannot see that O’Sullivan was to blame. He was on his correct side of the road, was not going fast, was On a main road, and was watching the corner that needed watching —the comer on his left hand. “In my opinion Dr Brown was negligent, and he should have seen and avoided the other car. It is the duty of all on cross roads and intending to cross main roads to look out when they enter main roads, and give way to all traffic which is coming along main roads, if there is any probability of a collision. Dr Brown will be convicted and fined £3.”