COLLISION AT INTER-SECTION

Taranaki Daily News, 30 January 1930, Page 12

COLLISION AT INTER-SECTION

DRIVER’S SI'KKD DAKGEI'.OUS. ( NEW PLYMOUTH PROSECUTION. Two charges arising out of a collision between cars driven by Miss Ruth Winnifred Moody and Thomas Clifford Fookes on December 15 were heard in the Magistrate’s Court at New Plymouth, yesterday, before Mr. R. W. Tate, 8. M. Both defendants denied liability. T. C. Fookes, for whom Mr. R. J. Brokenshirc appeared, was charged with driving along St. Aubyn Street past the Morley Street intersection at a speed which might have been dangerous to the public. He was fined £2 10s (costs 31s). The charge against Miss Moody (Mr. A. A. Bennett) of a breach of the right-hand rule, was dismissed. Mrs. I. Cornwall, who witnessed the collision, in evidence said the two ears met in the centre of the intersection. She did not think Fookes was travelling at a greater speed than most of the cars which passed the intersection. She was not a driver and could not attempt to gauge the actual speed of the car. G. Gay ton, who was in the frontseat of Miss Moody’s car,, said Miss Moody appeared to be justified in attempting to turn into St. Aubyn St., as Fookes’ car was a distance from the intersection at the time Miss Moody was about to enter St. Aubyn Street. Mr. Brokenshirc said Fookes’ speed was between 25 and 30 miles an hour, and, as Mr. Cornwall had said, he appeared to travelling at the same pace as the majority of cars, including those proceeding to the. motor camp further do n the road. Thus it was a normal pace, not only for Taranaki drivers but also for drivers coming from other parts of the country. Fookes was justified, counsel submitted, in assuming he would have the right of the road from cars coming down Morley Street. Mr. Bennett submitted that when Miss Moody had travelled a short distance towards the centre of the road, Fookes’ .car was so far away that she was justified in venturing to make the turning into the intersection. Fookes’ pace should have been 15 miles an hour before the intersection and eight at the intersection; instead, it was 30 miles. T. C. Fookes said visibility was good on the Sunday morning at 11 o’clock when he was driving towards the intersection. From the damage done to his car, Which received a very severe dent on the left hand door. he assumed Miss Moody had come into the intersection at a speed exceeding 30 miles an hour. The front left-hand portion of Miss Moody’s car was badly battered. Miss Moody said she was driving her mother’s car, carrying four passengers, three in the dickey" scat, and approached the intersection up the hill in second gear. She almost stopped before reaching the intersection owing to the number of passengers she was carrying. SLo looked to the right before entering the intersection and could see nothing. When she actually reached the road she saw Fookes’ car approaching and attempted to turn to the right. AV. F. Gaytoh, who was in the dickey seat of Miss Moody’s car, said that when the back portion of her car was in line with the St. Aubyn Street culvert it appeared to him that Miss. Moody would have time to make the turning safely.

He did not think a conviction should be entered in Miss Moody’s case, said the Magistrate, as every driver approaching an intersection on the right did not have to give way. Miss Moody did look to the right and the other car must have 'been at least 100 feet distant from the corner. " ‘

Fookes’ case was different and he did iiot seo the defendant had any defence. Defendant admitted travelling at between 25 and 30 miles an hour and anyone who approached an intersection at a greater'pace than 15 miles an hour was guilty' under the regulations,