TOWED CAR

Southland Times, Issue 20641, 13 November 1928, Page 7

TOWED CAR

COLLISION WITH MOTOR CYCLE. CASE BEFORE MAGISTRATE. On August 11 a serious motor accident occurred on the Bluff road in which a motor cyclist, Colin Nicholson sustained injuries which have not yet sufficiently healed to enable him to leave the hospital. The car with which the cyclist crashed was being towed by a heavier car driven by Jabez W. Lyons who was charged alternately with driving at a speed or a manner dangerous to the public and the driver of the towed car, Charles Frances Sycamore was charged with driving in a manner dangerous to the public. Both pleaded not guilty. Mr Eustace Russell appeared for Lyons. Senior-Sergeant Fox, outlining the case said that the circumstances were rather peculiar. The two defendants and another man went to Greenhills in a car for the purpose of towing another car back to Invercargill. On the return journe- Lyons was driving the first car, the friend was in the back seat for the purpose of communication between the two cars and Sycamore was steering the second car which was being towed. Just after crossing a bridge near Awarua, the second car collided with a motor cyclist, Cohn Nicholson, who had been travelling on his correct side of the road. Nicholson was so badly injured that he had to go to hospital which he was still unable to leave. His memory of the day’s events had completely gone. Norman James Jensen, a motor mechanic at Watts and Grieve’s garage, said that Nicholson had called to see him about 3 o’clock on Saturday, August 11. He was dressed for going motor cycling and was perfectly sober. Nicholson had been riding a motor cycle for over a year . To Mr Russell: He remembered Nicholson being concerned in a previous accident. Sergeant Abel said that he had seen Nicholson in the hospital in the morning. His leg was still in plaster and he would be in the hospital for at least another month. Questioned by witness, Nicholson said that his memory was an absolute blank as far as the events on the day of the accident were concerned except that he remembered making a purchase in the morning. John Edward Maud, a farmer at Oteramika Road, gave evidence that he was driving his car back from Bluff on August 11 and when he passed Greenhills, he noticed a car towing another car. The towed car was sheering about from one side of the road to the other. There seemed to be a pipe projecting from the rear right side of the car. Witness did not attempt to pass because he was afraid that the car being towed might strike his. When he first caught up on them, they were travelling about 25 miles per hour, but later the'- accelerated to about 32 miles per hour. The effect of the increased speed was that the second car swung about worse than ever. He was about eight chains away when the accident occurred and he saw it clearly. The two cars maintained their relative position and stopped almost dead. To Mr Russell: He did not see the cyclist swerve in after passing the first car nor did he see the cyclist go through the windscreen. Mr Russell: Did you know that Nicholson was throw-n up and stayed on the top of the windscreen so that one leg was on one side of the windscreen and he was held up by one hand of the driver? Witness: I could not see that; I was too far away. Mr Russell: You said that the two cars kept their positions and pulled up soon after the accident. As a matter of fact, the rope connecting them was broken by the impact and the first car proceeded for about a chain before stopping. Witness: I did not notice the broken rope. In witness’s opinion the cause of the accident was the excessive speed because he had noticed that the tow-ed car swung worse when the speed increased. Gwen Maud, the wife of the previous witness; gave corroborative evidence. Cross-examined by Mr Russell, witness said that just as the car left the bridge it seemed to her to give a jolt and then swerved to the right. She and her husband knew Colin Nicholson. Constables Skip worth and White gave evidence of the positions of the ca’- ; - and the markings of the road as taken at 7 p.m. on the day of the accident. According to the markings on the road, the car had swung to its wrong side of the road where the accident had occurred and had then swung again to its left of the road. The cycle had apparently been travelling on its correct side of the road and at the place of impact, had actually been on the clay track at the side of the road. Mr Russell, outlining his case, said that what they relied on was that the cars were travelling at about 22 miles per hour. Mr Lyons held out his hand, warning the other car that he was slowing down to cross the bridge which was crossed with safety. The motor cycle then approached and although Lyons tried to warn him that there was a car behind, the cyclist swerved in again and struck the second car, slewing it across the road. Jabez Wadsworth Lyons, motor mechanic at Bath’s garage, said that he had been employed by the garage off and on for about 22 years. He had driven a car almost since he could walk. He had towed hundreds of damaged cars and had never had any accidents with them. He was not actually employed by Bath’s when he went to town in the car on that day, but had undertaken the job as a favour. It was his Saturday half-holiday. He had had no warning that any swaying was going on; the first he had heard of any swaying was in the Court. There was nothing wrong with the steering gear on the Ford. To Senior Sergeant Fox: He thought that although their relative crossing speed was at least 40 miles an hour, the cyclist would nevertheless be able to swerve in between the cars. He saw Nicholson on top of the windscreen and Sycamore’s written statement, that Nicholson went through the windscreen and fell on the seat, was wrong. He had had one accident eight years ago and had been convicted of driving danwindscreen and fell on the seat, was wrong, side seven years ago. Charles Francis Sycamore, motor mechanic at G. W. Woods’ garage in his evidence said that he had had 11 years’ experience of driving. Before leaving Greenhills, he and Lyons put a new tongue tube on which made the braking good. He had experienced no trouble with the steering. When he crossed the bridge, he was on the left and could not see the cyclist because of the towing car. When the cyclist came into view he seemed to swerve in behind the first car and then lose control. The cycle seemed to hit the rope and slide along it, but witness could not see the rope. The cyclist flew into the air and fell on to the windscreen with his head and body leaning over in the front seat and the one leg on the other side of the windscreen. The force of hitting the rope and the car swung the car to the right and then, encumbered by holding the man up with one hand, he swung rather too far over to the left. Witness explained to the senior-sergeant that “in” the front seat meant anywhere between the windscreen and the back of the front seat; “on” the front seat meant actually on the cushions. John Gilchrist, a painter, said that he was sitting in the back seat of the Dodge so as to communicate easily any messages between the two cars. The first he saw of the motor cycle was when it shot around the back of the car he was in. It hit, the tow line, the front wheel seemed to buckle up and fall on to the road, the back shot up and the rider flew into the air, falling on to the windscreen, his head and body falling down between the screen and the seat, and one leg on the near side of the windscreen. The decision was reserved until the Magistrate had viewed the scene of the accident.