PROSECUTION OF MOTORISTS

Southland Times, Issue 23306, 16 September 1937, Page 12

PROSECUTION OF MOTORISTS

INTERSECTION RULE INVOLVED CHARGE AGAINST ONE DISMISSED A charge against Seddon Robert Murdoch of failing to give way to traffic on the right when approaching the intersection of Grey and Lewis streets was dismissed in the Magistrate s Court yesterday, the Magistrate (Mr W. H. Freeman) taking the view that the other motorist, Herbert James Hay, was responsible for the accident which occurred. The defendant, who pleaded not guilty, was represented by Mr J. C. Prain. The other motorist, Herbert James Hay (Mr T. R. Pryde), was charged with failing to keep as near as practicable to the left side of the road and pleaded guilty. Senior Sergeant Kelly said that on July 28 Murdoch was driving south along Grey street and on reaching Lewis street he collided with a car driven by Hay, who was travelling east. The skid marks showed that Hay was at least on the middle of the road and had then skidded to his wrong side. Hay approached on Murdoch’s right, and therefore had the right of way. , Gordon Douglas Reid, radio salesman employed by Mr J. D. Campbell, said that he was a passenger in the car driven by Murdoch. The car was travelling at no more than 20 miles an hour. They saw another car on the right coming along Lewis street That car was up to 60 feet away from the intersection when they reached it. It was travelling at an excessive speed on the crown of the road. They attempted to cross, but the other car swerved down, came across the wrong side of the road, and struck the car in which witness was travelling. The car was turned completely round and struck a post. It was badly knocked about and witness and Murdoch received cuts, Murdoch being thrown out of the car. To Mr Prain: Witness considered it safe for the driver of his car to cross the intersection because he naturally expected any driver approaching _to slow down and get on the correct side of the road. If the other driver had done that he would have missed Murdoch’s car by three feet. Had he been driving the car he would have done the same as Murdoch had done.

The Magistrate: Don’t you know that you have an absolute duty to stop for anybody approaching from the right’ “But he wasn’t near the crossing, sir,” said witness.

The Magistrate: You say ne was 60 feet back when you put your nose over the intersection while you were going 20 miles an hour. You travelled two-thirds the width of Lewis street and he travelled two-thirds the width of Grey street, plus 60 feet. He must have been travelling! Witness said that they were in second gear a few yards before the intersection. They were definitely on the intersection before the other driver.

Mr Pryde pointed out chat there was a great deal of gravel on the roadside in Lewis street and it made it difficult to keep far over. The charge against Murdoch was dismissed and Hay was fined £1 and costs 10/-. “Motorists are all the same,” remarked the Magistrate. “They will run risks at corners.”