TWO MOTORISTS CHARGED

Taranaki Daily News, 11 February 1928, Page 9

TWO MOTORISTS CHARGED

ACCIDENT ON AN INTERSECTION. NEGLIGENT DRIVING ALLEGED. Arising out of a motor collision at the intersection about 4.5 p.m. on November 21, George Ernest Cook, who was driving a motor van down the Dawson Street hili, was charged before Mr. R. W. Tate, S.M., yesterday with driving at a dangerous speed, and H. J. D. Power, who was driving a three-seater car along Devon Street towards the port, was charged with negligent driving. The cases, which were taken separately, were both partly heard. Cook was convicted without penalty or costs and the charge against Power was dismissed. Thomas Harris, who was walking up Dawson Street, said he saw Cook driving down from Powderham Street. Cook was blowing the horn practically all the way and this was the only horn the witness heard. Harris said he was no judge of speed, but he thought Cook was travelling too fast—about 20 miles an hour. He did not slacken speed approaching the corner. The next thing to attract Harris’ attention was the sound of a crash. He turned round and saw Cook lying at the aide of his car, which was facing towards the Dawson Street hill. Both the rear wheels were off. Cook’s ear was on the tramlines and Power's was up it. Witness had seen nothing of Power’s car until the collision. Under cross-examination by Mr. A. A. ' Bennett, appearing for Cook,’ Harris said he was about 30 yards up .the hill when Cook’s car passed him. C. Henshaw, who was in Power’s car, said the vehicle was slowed down from 15 to 20 miles an hour to eight or nine at the corner. They were on the left-hand side of the tramlines. Power’s car was more than half way across D -.son Street when Cook was first seen travelling at about 30 miles an hour. Witness drove ears himself. The back wheels of Cook's car struck the left-hand front mudguard and spring of Power’s car and then turned completely round, both the wheels coming off. Cook’s car was on the seaward side of the tramlines. One of C h’s hands was bound and it seemed that when he saw a collision was inevitable he let go the wheel. Mr. A. A. Bennett submitted that on the evidence given that day and previously there was not a case of negligence against Cook, though there was some evidence of speed. The prosecution had proved that he gave ample warning. He was a total abstain. ,

Cook said his van was an old model that could not be driven at more than 15 or 16 miles an hour. If above that speed the engine began to knock. He had blown his horn and hearing no reply he went on across the intersection. When the collision occurred his two back wheels were torn off and the steering gear was smashed, the wheel being torn out of his hand as he was thrown out on to the ground. His hands had never left the wheel until he was thrown out. He had asked Power why he had not blown his horn, but there was no reply. “You know very well you hit me," said Cook. “1 know I hit you," said Power. The magistrate announced that he would view the locality. After returning he said he had no doubt that Cook should be convicted. He would reserve the question of penalty until after the case against Power. With reference to the charge against Power, Senior-Sergeant McCrorie said Power, at the police station, said that he was going across the intersection at 20 miles an hour and that Cook was going at about 25 miles an hour. To Mr. Bennett the senior-sergeant said that Power subsequently made a statement that he was going at nine or ten miles across the intersection. Cook's previous evidence wc. admitted. To Mr. Quilliam, who appeared for Power, he said his driver’s license was issued on October 31, 1927, three weeks before the accident under review. He was not charged regarding a previous accident he had had. Power’s evidence indicated that when approaching the corner he tooted the horn land slowed down. He went on and when he was half way across he saw Cook and he then turned to the right. Afterwards witness went to the police station and, when discussing the matter with the seniorsergeant, he said he was going at 20 miles an hour. “That’s too fast for there,” said the senior-sergeant. “But I slowed down to ten miles an hour approaching the corner,” said witness. He considered Cook was going at about 25 miles an hour and witness was positive he threw his hands in the air just before the collision. He did not hear Cook’s horn. Witness’ car was only slightly damaged. The front axle was bent, the mudguard torn and a lamp smashed. The repairs cost only £1 Bs. After some discussion, the magistrate said he did not think speed had been established against Power, but what he was puzzled about was why he had t<t seen Cook coming before the collision. He regarded Dawson Street as a 'de road and that there was a greater responsibility on the driver coming out of it than there was on the man driving along Devon , Street, a main road with trams. This did

not mean there was no responsibility at all on the man using the main road, however. He did not thing there was enough evidence to convict Power.