HAWERA NEWS.

Taranaki Daily News, 12 June 1926, Page 2

HAWERA NEWS.

EMPIRE WEEK. SPLENDID PROGRESS RZPORTED.AfEETING OF COMMITTEE. (From Our Own Reporter.) Hawera, June 11. At a general meeting of the Empire Week Committee last night there were present: Messrs J. B. Murdoch (chairman), T. Walsh, J. M. Townsend, E. Dixon, W. Woolletts, J. Rodie, P. Bond, J. R. Corrigan, A. 1). Sellar, and B. C. Bennett and L. O. Hooker (hon. secretary). An apology was received from Mr. J. A. Dalgetty. The chairman explained that the meeting was called to receive the reports of the various committees set up to control the different sections of the work for Empire Week, and these were read by the organiser. The work of canvassing was not completed, but a satisfactory response had been made. Amongst the subscriptions received were: Hawera Electric Co., £lO 10s; West Coast Refrigerating Co., £10; Ararat a Dairy Co., and Westmere'Dairy Co., £3 3s each; Normanby Dairy Co., £2 2s; Egmont Racing Club, £5; Mrs. Cramp, Messrs J. W. Anderson, Falkiner and J. Dykes, £5 each. Mr. Hooker said the dairy companies would be having their meetings in a few days, and more replies would be received shortly. The chairman said satisfactory arrangements had been made by the Railway Department for conveying school children to Hawera from all parts of Taranaki and Wanganui, and from the Whangamomona and Opunake branch lines. The feeding of the children would be in the hands of a special ladies’ committee, and many offers of'Kelp in connection therewith were being made. All necessary work in-connection with the decoration of the town had been made and labour employed to put up greenery received in front of business places. The Farmers’ Co-Op. arch and the large Winter Show arch would be erected. Lighting would also be done as before, and special lights arranged at various parts of the main streets. Ten thousand circulars had been printed and distributed all over the Waikato by the Railway Department, and circulars had also, been sent out to residents in Hawera and district asking for all to co-operate in providing accommodation for the visiting farmers. It was reported that the department suggested sending two trains carrying 700 passengers, one to arrive just after the other, but it was resolved to suggest that one train arrive on Wednesday and the second after the first had left on its return journey. One hundred entries had -been received for the window-dressing competition, and ballot papers had been circulated. Mr. Hooker reported that the scheme had met with much favour from the British Manufacturers’ Association in Wellington-, which had donated several gold medals, and had invited him to be present at its meeting on June 14. Communications had. been received from no less than four hundred and one schools in with the Empire publicity scheme, and the scheme was progressing satisfactorily. Suggestions were made for a social evening on the Thursday to entertain the farmers’ party, and for a committee Mrs. J. Goodson and Messrs Laidlaw and Renwick were suggested. Community singing was also to be arranged and various societies would take charge of that work. A reply had been received from the-Egmont Tourist Motors, Ltd., giving a quotation for a trip to Dawson Falls, and other trips were suggested. The Railway Department offered passes on the trains to envoys to distribute leaflets to the farmers’ party, and to get the names of those who would, take the trips. The Automobile Association would be asked to provide cars for meeting trains and taking visitors to their destinations. The chairman said these completed the reports so far, and it would be realised that there was a great amount of work to be done. He considered they should get the visiting farmers all billeted close to Hawera. There would also be a good deal of expense, and he hoped all would assist in every way possible. Many volunteers would be required to carry through the scheme.

MOTOR COLLISION CASE.

CLAIM AND COUNTER-CLAIM. Both parties were non-suited and each had to pay his .own costs, according to the reserved decision of Mr. J. S. Barton, S.M., which was delivered at the Hawera Court last night in the case in which Walter O’Callaghan, garage proprietor, of Hawera, proceeded against Harry Hawke, tobacconist, of Kaponga, on a claim for damage sustained by his car in a collision which occurred, at the intersection of the Eltham-Opunake and Hastings Roads in February last, and for depreciation. Defendant entered a similar counter-claim. The finding on the facts was delivered at a previous sitting. POSITION OF THE DEFENDANT. In his judgment the magistrate stated that it was proved that Hawke had ■been negligent in approaching the intersection of roads at which the collision ocourred at a high rate of speed, and in consequence was unable to pull up or turn oil* to avoid a collision with the plaintiff’s car. It was also proved that the plaintiff was negligent in that, having seen the other car approaching, he did nothing to co-operate with the driver of that ear, but drove ahead on a judgment formed on his momentary glimpse of that car, and did not see it again until it struck him. The argument of counsel for defendant was that when Hawke saw the plaintiff’s car approaching the intersection he at once applied his brakes and did all in his power to avoid the collision, that the plaintiff, from the moment he saw the defendant’s car, could have, and should have acted so as to avoid the collision. Not having done so, it was his negligence which was the cause of tho accident. The magistrate did not think that was the correct view. He was of opinion that defendant’s negligence was a continuing negligence until, by the use of his brakes ho had so reduced his speed that, having regard to the position of his ear in relation to the intersection and the other car, it could be called a safe speed. At one and a-lialf chains from the intersection and with the other car half a chain from the intersection, for instance, Hawke’s spec*! had been at least 35 miles an hour, and that was an unsafe speed in timed

circumstances. “In fact, I find that the defendant never, at <ny time prior to the collision, so reduced his speed that it could be called a safe speed, having regard to his position in relation to the intersection and the other car,” stated Mr. Barton. After applying his brakes Hawke could have done something if it had not been for the fact that the speed and impetus of his car rendered him unable, with the braking appliances at his disposal, to reduce his speed to a ■safe and controllable one before he readied the point where he would cross the other car’s track. THE. PLAINTIFF’S NEGLIGENCE. The driver of the other car, Charles Sattler, had noticed the defendant’s car approaching when it was a chain and a-half away from the intersection, while he was about half a chain away and travelling at 15 miles an hour, but he had formed no judgment at all of defendant’s speed. He had considered it quite clear that he had the right of way and he gave no further heed to the other car as a factor in his task of crossing the intersection safely, The magistrate was convinced that, in the first place, Sattler’s duty was to approach the intersection at a reasonable rate of speed and keep a sharp look-out for vehicles approaching the intersection on the other road. He was of opinion that plaintiff had discharged that duty-and kept a reasonably good look-out. In the second place, however, when he had seen the other car, defendant’s duty was to use reasonable care to ensure that he avoided colliding with it or any other vehicle or person that might be using the intersection. If, for instance, the defendant’s car had been 300 yards back when plaintiff, viewing -it from a point 11 yards from the intersection, first saw it, the magistrate was of opinion that plaintiff would have been quite justified in ignoring it as a factor in his crossing. It had been 33 yards back, however, when plaintiff was 11 yards from the crossing. In these circumstances the magistrate held that the plaintiff was quite justified, as a starting point, in assuming that ho had the right of way and that he was justified in attempting a crossing in front of that ear, but he did not think that the differences in the distances from the intersection justified the plaintiff in wholly dismissing the defendant’s car from his thoughts. The magistrate rejected as untenable the suggestion that the plaintiff, having one glimpse of the defendant approaching the intersection, in those circumstances, was excused from looking for and at him again by the necessity of looking the other way also. THE PROXIMATE CAUSE. Several cases were cited on negligence and contributory negligence and the magistrate further held that the plaintiff failed to exercise sueh care as might have been reasonably expected of him, and which, if exercised, would have avoided the collision, notwithstanding the prior and continuing negligence of the defendant. His Worship was of opinion that the plaintiff’s negligence was also a continuing negligence which went on until plaintiff reached a point where, even if he had looked, he could not have avoided the collision. ' “Tn my opinion,” concluded the magistrate, T ‘the collision was due to the joint negligence of both drivers, and therefore neither party is entitled to recover.

ROOT-GROWING COMPETITIONS

ADDITIONAL RESULTS. The following additional results of the root-growing competitions of the Boys’ and Girls’ Agricultural Clubs are announced:— MANAIA. 1 Mangolds. ' 1 Betty Larsen, weight 84 tons 4ewt, yield 84 points, cultivation 34, quality 8, chart 40, total 166. W. Dakers, 67 tons lOcwt, 67J, 39, 8, 42, 1561. Carrots. W. Dakers, 53 tons 3cwt, 53, 40, 7, 43—143. Betty Larsen, 57 tons 17cwt, 57|, 38, 9,38—142 J. G. Spencer, 44 tons 7cwt, Hl, 40, 7, 43—1341. R. Hammonds, 34tons lewt, 34, 39, 8, 41—122. N. Leppard, 24 tons scwt, 24J, 37, 6, 38—1051. I. Hansen, 52 tons lewt, 52, 38, f, —> OEO. Mangolds-. L. IValker, 95 tons 12cwt, 95J, 40, '7,' 43—185}. G. Madgwick, 32 tons 15cwt, 32J, 37, 8,41—118 J.

GENERAL ITEMS

The secretary of the Hawera Egg Circle (Mr. J. C. Smith) advises that 450 dozen eggs were handled by the circle during May, the bulk being disposed of in Wellington. The price realised was 3s 4d per dozen, but latest advice is to the effect that the price has dropped to Good progress has been mode with the erection of the new Bank of Australasia building in High Street, and the walls and partitions for the lower storey arc practically completed. It is anticipated that the roof will be on in about a month’s time, provided the weather does not interfere with the work to any great extent. Since the building operations commenced there h'as been practically no loss of time on account of bad weather. In South Taranaki the month of June has been heralded by beautiful weather. For the last two weeks heavy frosts have been the order, followed by beautifully clear days, so that wonderful views of Ngauruhoe in eruption, and the enow-clad Ruapehu and Tongariro, have been obtained from the district. Mount Egmont, with snow well down on. the slopes, has also been a beautiful sight. A perceptible change in the weather was noticeable last night and to-day light showers fell at intervals, the however, being very mild. During the last few days of fine weather it has been quite common to see groups of-* children taking their lesson's in the school grounds at the Hawera School and enjoying the sunshine to the full.

PERSONAL ITEM

Mr. F- Pinson, manager of Messrs Burgess, Eraser and Co.’s Hawera branch, returns from Auckland on Saturday evening. :