South Taranaki News

Taranaki Daily News, 16 November 1927, Page 2

South Taranaki News

(From Our Own Reporters.) I Telephone No. 27G6, Hawera. P.O. Bex 133 Hawera. | nr

SERVICE CAR STRIKES SHEEP IMPACT NEAR ROTOKARE ROAD. DANGEROUS DRIVING ALLEGED. Eight purebred Romney’ rams, the property of S. G. Guthrie, of Rotokare Road, Eltham, were killed on September 19 by a service car driven by Douglas Charles Rawlinson, of New Plymouth. Rawlinson was employed by Janies Fowler. The ear ascended a steep rise just south of the junction of the Rotokare 'and Eltham Roads and dashed amongst a floek of 70 newly-shorn rams whieh W’ere being driven in the opposite direction. The foot brake of the service ear was said to give way, so that the vehicle could not be pulled up before meeting the flock. It went through the sheep, scattering them to right and left. Rawlinson appeared before Mr. R. W. late, S.AL, at the Eltham Court yesterday, charged with driving a motor-ear at a speed greater than 24 miles an hour, and with driving at a speed "dangerous to the publie. Through Mr. N. H. Moss, defendant entered a plea of guilty to the first charge and not guilty to the second. After hearing the evidence the- magistrate reserved his decision. The owner of the floek of rams, Stanley Gordon Guthrie, said on September 19 lie was driving the rams. CAR SKIDDED FORTY’ YARDS.

When he was nearing a rise on the Mountain Road the car driven by Rawlinson approached from the opposite direction, running into the sheep. Two were killed outright, while he had to destroy three and two had legs broken and two were injured, one dying that night ai d the other being so knocked about as to be unsaleable. The south side of the rise was steeper than the other and the driver would first see the sheep about 40 yards away. As soon as he* noticed the sheep the driver appeared to stand on his foot brake, but the brake did not function and the car continued on through -the sheep. After the car had travelled a few yards past the eheep the driver appeared to apply his hand brake and skidded 40 yards, then going another 17 yards before stopping. The ear Jias a Hudson sedan capable of carrying about eight people, but there were no passengers. Defendant had admitted that his brakes, would not function and asked witness “not to be too hard on him.” The car appeared to be travelling at between 40 and 50 miles an hour. Fowler had later admitted that the ear was one of the fastest on the run. On the afternoon of the accident de-, fendant had again seen witness while he was carting away the earcases. Defendant had then stated that he was not travelling at more than 35 miles an hour at the time of the accident.

To Sergeant Martin witness said he valued the rams at 8 guineas apiece. Witness explained that the county council put up a “dangerous” warning notice at the top of the hill. Mr. Moss: For a motorist to miss tiie sheep lie would have to get off the asphalt?—Yes. Counsel: In this case there was only one thing for a motorist to do, and that was to stop?— Yes. Mr. Moss: You say that in the afternoon Rawlinson had a “bit more ginger?” —Yes. Ho admitted that the accident would shake anyone.

To Mr. Moss witness stated that service car drivers had told him that he “should not be on the road with stock.” Witness said, on the day in question, he had looked up the service ear timetables and thought that the roads would be clear at the time he drove the sheen out. “ON THE WRONG TRACK.” Witness alleged that Fowler, defendant’s employer, had told him that the car was not insured to cover third party risks, but witness said he had evidence to prove that the car was so insured. Sergeant Martin: He wanted you to make it light for him. Air. Moss said a solicitor was in court watching the case for Fowler. Counsel referred to denied that he was representing Fowler.Sergeant Martin: You are on the wrong track. Air. Moss. Henry Wooffinden, an auctioneer of Hawera, said on the day in question he was proceeding from Hawera to Eltham. Defendant had passed him on the Boylan Road about a mile and a half from where the accident occurred. Rawlinson had been travelling in the same direction as witness, who had been driving at between 30 and 35 miles an hour. He said the service car passed him and witness estimated his speed at about 40 to 45 miles an hour. Constable Townsend gave evidence of visiting the scene of the accident shortly after its occurrence. His statement was on the same lines as that given by Guthrie as regards the length of the ski'd marks. The marks indicated to him that the brakes had not been applied until the ear was 25 yards over the brow of the hill. Cross-examined, witness admitted that Rawlinson had been on his correct side.

Mr. Aloss: And the more experienced a driver is the more careful he is? Witness: And the more risks he takes. To Air. Moss the constable said he had never ridden in a service ear yet. He considered they all travelled too fast to keep to schedule. The Eltham county clerk (Atkifison Tiplady) said the council had not been approached for any permission under the motor-lorry regulations. Sergeant Martin put in a time-table explaining that, to keep up to the schedule, cars would have to travel at 26 miles an hour, not allowing for stops. The defendant asserted that he was travelling at about 30 miles an hour when he passed Wooffinden. He denied that he reached 50 miles an hour on the Boylan Road and he estimated he was doing 30 miles an hour as he ascended the hill. When he first saw the sheep they were about 25' yards away and were scattered right across the road. “FOOT WENT THROUGH FLOOR.” Defendant immediately applied the brakes and they gave way, his foot going through the floor board. He then applied the hand brake and pulled more to his correct side, as the sheep appeared "thinner” there. He was,of opinion that if hia brake bad held he could have pulled up the .car before reaching' the sheep. He denied that, he had, ever driven the car at 45 to 50 miles an hour

and stated that his average speed was 30 miles an hour. To Air. Moss defendant said if a leading dog had been out in front of the sheep it would have been of great assistance to him. He asserted that practically all flocks of sheep he passed had leading dogs. The first he knew of the 24 miles an hour speed limit was when h® received the summons. He had thought the limit was 35 miles an hour. To Sergeant Martin witness admitted that he could not possibly keep up the f ’-table at 24 miles an hour. He would have to travel at not less than 30 miles an hour. He was not prepared to swear that the car would not do 60 miles an hour. Evidence of the pin in the brake shearing off was given by Douglas Lobb. “DUTY TO THE PUBLIC.” The magistrate said a point to be considered was, what was the duty of a motorist ascending a rise when he could not see any distance ahead? Mr. Moss pointed out that in this ease the brake had not supported the driver.

The magistrate: Is it not a duty on motorists to have vehicles on the road in proper order?

. Counsel replied that it would be a hardship to hold an employee liable for a defect in his employer’s car. The magistrate: That is what was running in my mind. Mr. Tate went on to say that defendant’s employer had a duty to the public not to allow a car on the road unless it was in good order. Counsel said it might not be a case of defective brakes. The - brake pin might have had a flaw in it or some fault that could not be detected.

. The magistrate said what he wanted was some enlightenment as to the criminal liability of the driver, and also how far anyone was justified in ascending a hill at even 30 miles an hour and then meeting someone at the top. He asked that these two points should be dealt with in writing and submitted to him. The court then adjourned. HAWERA CIVIC AFFAIRS. REPORTS FOR THE MONTH. MEETING OF THE COUNCIL.

The monthly meeting of the Hawera Borough Council was held last night. Present: The Mayor (Mr. E. A. Pacey) and Crs. W. G. Strange, W. G. Simpson, E. Morrissey, R. H. Leece, W. Butler and A. Reid. The engineer (Mr. J. Sturrock) submitted the following report: — The hydrant and valve covers for the Nolantown water pipe reticulation have been set in concrete blocks and placed in final position. This work is now completed, save the connections which will, be‘laid from time to time as applications come in. Work at the camping site is progressing. The row of trees has been cut and . the surface is being levelled. The-approach road and turning place will be formed almost immediately. The half-inch supply to Naumai Park pond is being laid. The bitumen tanks have been cleaned and the steam piping tested in readiness for the summer programme. A test will. be made shortly of the new device for filling the sprayer direct from tanks by means of its own pumps. If successful it will save the rather risky work Of filling the sprayer by hand. A three-quarter-inch pipe has been laid in the cricket- ground. Kerbs and .channels in Turuturu Road are completed and the path is being formed. Being short of bitumen we will need to wait for the arrival of the season’s supply. A traffic dome has been cast fog, Wilson Street. The borough inspector (Mr. L. Hunt) reported that house inspections, together with special inspection regarding storm water had been completed in Surrey Street, Camberwell Road and Disraeli Street, and all owners who had storm water pipes connected to drains had received notices to disconnect them. Building permits totalling £3017 had been issued during the month. Fourteen drivers’ licenses were issued. Sixteen yrater connections had been completed and passed in Nolantown. MISCELLANEOUS REPORTS. The sanitary inspector (Mr. F. G. Coleman) reported that three cases of pneumonia were notified ail'd dealt with. One unregistered plumber was found doing work in the borough and the matter would be further reported on later.. The abattoir report stated that 24 bullocks, 64 cows, 59 heifers, 461 sheep, 4 lambs, 6 calves and 49 pigs had been slaughtered during the mqiith, while one ! bullock, 4 cows and 3 sheep had been condemned. Fees and rents collected totalled £lOl 12s sd, the fees being £2 14s 3d less than in October, 1926. The total fees for the seven months ended October 31 were £7 7s 6d in excess of those for the corresponding period of the last financial year, * The librarian (Miss M. F. Newland) reported that seven new members were enrolled during- the month and eleven left, the number at present being 532, 37 more than in October, 1926. Eighty books were bought, including a splendid lot of general literature.

The ranger reported that two horses aril three cows had been impounded. Cr. Morrissey moved that all the reports be adopted with the exception of a clause in the parks and reserves report with regard to a suggested contribution of £lO towards the erection of a pavilion for the Park Croquet Club. He moved that the contribution ‘be excluded. He contended that the council had been very generous to the club and had helped them greatly with the grounds. He thought that the club should help themselves in the erection of the pavilion. The motion was seconded by Cr. Strange. Cr. Reid then moved as an amendment that the reports be adopted in full.. In supporting the amendment Cr. Lecce considered that, as the club was largely composed of married lady members, these, not being, wage earners would not be able to finance the club to nnv extent. The Mayor, -who also supported the amendment, was of the opinion that the pavilion would be an Improvement to the park. After all, . £lO was not yery much,. , , • . , _■ Cr. Morrissey considered that the council should receive tome recompense

for the help they had given the club. (The. ground had been kept in splendid order at the council’e expense. It was not so much a matter of £lO as of principle. The amendment was carried. The Mayor, Cr. Straengc and the town clerk were appointed to meet the South Taranaki Automobile Association with regard to the motor regulations. They were also instructed to point out the position at the camp site mentioned In the engineer’s report. It was decided to ask all those who were using the ground to vacate it as construction work was still proceeding. With regard to the complaints of nonlighting the streets on Friday and Saturday nights, Cr. Morrissey reported that this had been due to a-mistake over the time.

The Mayor reported that the extension of the water service in Nolantown had been done at a cost much below the estimate. He congratulated the engineer and his staff on their work. GENERAL MATTERS. Tiie Mayor was appointed to represent the council at the quarterly meeting of the Taranaki Local Bodies’ Association. at Eltham. The council agreed to the alteration of the terms as suggested by the Hawera cricket clubs, viz., that the council cut the grass and mark out the pitches as in the past and that the clubs attend to the watering and rolling, also to pay £l5 per annum and the cost of laying the water pipe. The request by the Methodist Church Trust in connection with the extraordinary supply of water for the organ was granted on terms suggested by the engineer.

Councillors Walkley, Morrissey and Reid were appointed, a committee to prepare remits for the Municipal Association Conference, with power to act. Further to a deputation from the Park Tennis Club which waited on the narks and reserves committee of the council in connection with drainage from the pavilion, the council decided to send a copy of the engineer’s report and estimate of the eost of the drainage to the club and to advise it that the council is not prepared to contribute towards the cost. The council also decided to inform the club that it is expected to keep the wire-netting in order.

THE PETROL TAX. “RUBBING THE ACID IN STRONGLY” "That tliis council protests to the Government that the amount of the proposed petrol tax is excessive; that the tax should be reduced one half and that no exemptions should be granted; and that all cities and boroughs within the Dominion be circularised and asked to support this resolution.” This was the resolution which the Wanganui City Council asked the Hawera Borough Council to support. In moving that the support be given, the Afayor stated that he thought the tax was an iniquitous one. It was placing a great burden upon the motorists, especially those who earned their living by the use of motor lorries. The cost would be hundreds of pounds. Cr. Aforrissey asked how’ the matter affected the council. The Mayor pointed out that it might not affect them, but it did affect "the community. A small tax might be all right, but he was of the opinion that 4d a gallon was “rubbing the acid in too strongly.” Cr. Reid thought that by protesting they .would only be hitting against a stone wall. 1 The motion was lost.

EGMONT A. AND P. SHOW. TIME TABLE OF THE JUDGING. To-day will see the opening of the 44th Egmont A. and P. Snow, and .from the number and class of entries received this promises to be the best ever held. Judging will commence at 9.30 this morning with the dairy cattle sections, sheep, pigs, hack, and harness horses. At 10 a.m. the Clydesdales and home industries will be commenced, to be followed by the ring competitions at 12:30 p.m. At 2 p.m. the motor gymkhana programme will commence, there being included in this event a football match on motor-cycles. There will also be many new events in the programme, which will last throughout the afternoon. . To-morrow’s time-table begins at 9 a.m. with the judging of dairy cow classes. At 9.30 a.m. awards will be made for thoroughbred horses, at 10 a.m. for ponies, at 10.30 a.m. for light harness horses, and at 12.30 p.m. for school ponies. The grand parade will take place at 2 p.m., while at 2.15 p.m. a trotting exhibition will be given in the ring. The time set down for the commencement of the leaping competitions is 2.30 p.m. Tiie curtain will be rung down for another year when, at 6 p.m., the gates will be closed. The broadcasting of show results will take place on both days, so that visitors should have no trouble in following the progress of events. The catering is in the hands of a strong ladies’ committee, who have made complete arrangements to handle the large crowds expected.

METHODIST BOYS’ CLUB. The annual competitions, in connection with the Hawera Methodist Boys' Club were held on Friday night. The instructor (Air. ’E. J. Yearbury) acted as judge. The results are:— Parallel bars. A. Walker, 18 points, 1; L. Walker, 17, 2; S. Carter and W. H. Carter, 16}, 3. Junior: L. Westwood, 18} points, 1; A. Mullins, 16}, Horizontal bars.—.SeniorS. Carter, 18} points, 1: A. Walker, 18, 2; L. Walker and W. H. Carter, 16}, 3. Junior: B. Sargeson, 9}, I; A. Mullins, 9, Rope climbing.—Senior: W. H. Carter, 9 points, 1; L. Hulbert, L. Walker anci A. Walker, 8,2. .Junior: L. Westwood and B. Sargeson. 7}, I. Mat trick. —Senior: L. Hulbert, 17} pointe, 1; 8. Carter ami W. H. Carter, 17, 2. Junior: A. Alullins, 15, 1; B. .Sargeson and L. West wood, 14}, 2. Championship.--Senior: A. Walker and S. Carter, 59}; W. H. Carter, 59; L. Walker, 57. Junior: L. Westwood, 49; B. Sargeson and A. Mullins, 46. PRESENTATION TO BOWLERS. There was a large gathering of bowlers at the Park Bowling Club’s pavilion last night when two presentations were made to members of the club. In the first place the president, Mr. F. A. Quin, presented Mr. W, Grant, a former president of the club, who is removing to Pateaj with a .bowler's bag oil behalf of the club. Speeches were made by

several other members of the club who wished Mr. Grant every success in his new home.

The other presentation was made to Mr. Athol Grant, and took the form of a handsome silver entree dish, in recognition of Mr. Grant’s valued services to the club as secretary for several years. • PERSONAL ITEMS. Mr. E. P. Beauchamp, stationmaster at Hawera, commenced a month’s holiday leave on Monday. During his absence, Mr .T. H. Tuohy, chief clerk at the station, is acting as stationmaster. At a special meeting of the committee of the Hawera Bowling Club on Alonday, Mr. S. Adamson was elected to the office of vice-president to fill the vacancy caused by the resignation through illhealth of Mr. H. E. Shaw. Mr. H. S. Maslin was elected to the committee in place of Air. Adamson. Messrs. A. A. AVard (Tariki) and W. R. Wright (Rahotu), who are to judge at the show, arrived in Hawera last night. Mr. Douglas Taylor, supervisor of music in schools, arrives in Hawera to-day.

ELTHAM MAGISTRATE’S COURT. JUDGMENT IN CIVIL CASES. The fortnightly sitting of the Eltham Magistrate’s Court was held before Mr. R. W. Tate, -S.M., yesterday, when judgment by default in favour of plaintiff was given in the following undefended ci. il cases: —Ira J. Bridger v. Alois Hurliman, £2 10s (costs £1 16s 6<i); same v. H. F. Stanton, £7 ( £1 15s 6d). Samuel Crann, who did not appear, was ordered to pay to H. T. Fox the sum of £5 18s 7d, in default five days’ imprisonment. X' W. McLean, of Inglewood, who did not appear, was ordered to pay to M. A. Ward the sum of £8 7s 4ri, in default eight days’ imprisonment. ARREARS IN MAINTENANCE. On the complaint of his wife, V. M. James, for the disobedience of a maintenance order, >W. H. James appeared before Mr. R. W. Tate, S.M., at Eltham yesterday.

The clerk advised that £lO had ‘been paid in that morning. Mr. J. H. ‘Sheat, for complainant, said no payments had been made since July and he asked for some understanding from the defendant that payments would be made regularly in future. The case was adjourned sine die, to bo brought on by five days’ notice if default should ibe made. Disobedience of a maintenance order was the ground for a case against A. K. Hemingway, of Auckland, who did not appear, on the Complaint of his wife, J. Hemingway. This case was dealt with in the same manner, since £8 had been paid into court. SEQUEL TO MOTOS COLLISION. £6B DAMAGES TO PLAINTIFF. A collision at the junction of the Mountain and Cheal Roads, “Ngaere, on September 5, 'between a motor-lorry, driven by Edward Maslin, a carrier, of Eltham. and a motor-car driven by Arthur William Lowe, ® draining contractor, of I’-ukengahu, was the cause of a police prosecution at the Eltham Court recently, when Maslin was fined £2 and costs 10s on a charge of negligent driving.

Following the police proceedings, Lowe brought a civil claim for £129, comprising the cost of repairs £5B Ids, depreciation £29, loss of the use of the car £2O, loss of time defending the police action _£l, legal expenses for the defence of the police action £lO lOe, and general damages £lO, against Maslin and his father, Caleb Maslin, before Mr. 11. W. Tate, S.’Af., at the Eltham Court on November 1, when the ease was part heard. The evidence was concluded at Eltham on Monday, the magistrate reserving his decision. He gave judgment for £5B 10s and costs £8 12s in favour of Lowe at the Eltham Court yesterday.

The magistrate intimated that the plaintiff had withdrawn the claim for £lO 10s, representing the expenses incurred bv Lowe in defending the police prosecution. There was no doubt, he said, about the negligence of defendant, and lie could not find the plaintiff guilty of contributory negligence. Air. Tate said the. damages claimed appeared to him to be fairly high. Du the questibn of actual damage to the ear lie allowed £3B 10s. Dealing with depreciation, 'he said it was that sum of money that a wise man would put aside from year to year for creating a fund with which to purchase a new car when his old one was worn out. For depreciation he allowed £lO. It seemed a natural consequence, continued the magistrate, that as a result of the damage there was a loss of use of the car, and under this head he allowed £lO, and therefore entered judgment for £5B 10s. He did not think it was a ease for general damages.