THE RIGHT HAND RULE

Taranaki Daily News, 2 August 1930, Page 4

THE RIGHT HAND RULE

COURT DISMISSES A CHARGE ' NIK'ORIMA ROAD COLLISION. CASE IN THE WAITARA COURT. On charges brought by the police of failing to observe the right hand rule and of cutting a corner at the intersection of Nikorima Road and the Main North Road between Waitara and Urenui early in June, Lionel N. Johnston (Mr. A. A. Bennett) pleaded not guilty iu the Waitara-"’Court yesterday before Mr. R. W. Tate, S.M. The in-i'o;-mation was laid as the result of a collision between the car driven by defendant and a motor-cycle ridden by Albeit S. W. Priest. On the charge of non-observance of the right hand rule, defendant was found not guilty, the magistrate reserving his decision on. the other count.

Alary Cole, Waipapa, stated in evidence that she lived on Nikorima Road close ..to its .intersection with the Main North' Road. On, the day of Hie accident she had just mounted her horse outside the. gate and was walking it towards the intersection when the collision occurred. The motor-cycle was proceeding towards Urenui from the direction of Waitara while the car was being driven towards her from the beach end of Nikorima Road. It was explained that Nikorima Road crossed the North Road at right angles, the four corners being the banks of a I deep cutting which made it difficult | to see traffic on either road. | VEHICLES’ SLOW APPROACH. I .Continuing her evidence witness stat- | e'd that ■both- vehicles .■ were travelling I very .slowly' and the cycle met the’ car, pvhich ' was -just" inaking the turn into the main road in the direction of Wai- | Jara, head on, striking it between the lamps. The cycle fell on. its side, . jng its rider with it, and the ear stppped. No complaints were nmde. jn', her hearing. In reply to Mr. Bennett witness said she saw the motor-cycle when she was at her gate but could not see it again until a moment before the impact. She first saw the car just prior to the 'smash. In her estimation the cycle was travelling at about. only 10 or 2'o miles an hour. She had made no mark to preserve the wheel marks but indicated their position to the best ,of her ability to Constable A. J. Alills. some •days later. To the magistrate she explained that the motor-cyclist was injured about the legs and was picked up by Air. Johnston and taken to a doctor and then to the New Plymouth hospital. Tracey Ethel Cole, a schoolgirl and sister of the former witness, said -at< the time of - the accident she was sitting one one of the banks of the cutting. She gave evidence similar to that alicady stated. To her it appeared that the car was on the right hand side of the road and that the impact took place on 'the Cyclist’s left hand side. Both vehicles were travelling very plpwly. SamuOl A. W. Priest, bank clerk of Wanganui, stated that he was proceeding to Awakino by motor-cycle-and wastravelling at between 20 and 25 miles per hour when he noticed a sign indicating cress roads, and slowed down, at the same time sounding his horn. He saw the ear approaching from the left at a slow pace, applied his brakes and turned diagonally towards the centre of the road. The car continued to turn into him and he struck it close to the left hand mudguard. He was picked up by some Alaori boys and carried to <he car, which had turned, without passing the centre point of the road, m the direction of Waitara. His machine was damaged and ho himself sustained a fractured leg which kept him in hospital for 10 weeks. ■ “DID NOT SWERVE IN.” Witness told counsel that the car’s front wiieels were just moving on to the tar seal of the Main North Road when ho noticed it. He did not- swerve in i again after turning diagonally to avoid ['the crash. He could not remember saying to defendant'that- it was only .an accident and couldn’t be helped, nor did he recall any reference to tlie police. .... Constable A. J. Alills said he had irfterviewed the- parties concerned and Miss M. Cole had indicated the approximate point of impact. It appeared as if defendant had cut the corner somewhat. Counsel read the statement given Constable Alills by defendant and observed that it seemed ' that the constable’s own statement was merely Miss Al. Cole’s evidence on paper. Air. Bennett asked the magistrate if it was worth while proceeding with the charge. Tlie police had not proved that there was no traffic officer on point -duty and, in accordance with a recent New Plymouth case, counsel thought it sufficient to conclude his case. The magistrate said tliat point de- - stroyed the case and it was useless proceeding further. CUTTING THE CORNER. .. With regard to the additional charge of ’ cutting the corner Mr. Bennett said; it was clearly only conjecture that supported such a charge. The tar-scal at the approach of Nikorima Road to the main road was only 15 feet wide and it was impossible for a motorist proceeding on to the main road to cut the corner. The fact that the car had stopped six inches inside the edge of tar on tho main road spoko for itself. “And, although it does not bear on this charge as much as upon the other one,” said Mr. Bennett, “if that was not observing the right hand rule it was at least a valiant attempt to do so.”

Lionel N. Johnston, nurseryman, Waitara, stated that he had 18 years’ experience in motor driving. He said he approached the corner on his correct side and very slowly for he knew it well. He saw the cyclist and immediately pulled up to give way. He knew he was within his rights after the impact for he reversed as the cycle appeared to be under his front wheels. In doing so some dried mud was dislodged from his car and' he could see by its position on the road that.be had been taking the corner correctly. Ivy Alice Johnston, wife of the defendant, in corroborative evidence stated that her husband was driving rather on the left hand side of the road approaching the intersection. She distinctly re? membered the marks made by reversing*

To the magistrate witness said she' did jiot see the cycle until it was almost upon them. “The evidence is very contradictory,” said the magistrate, “and I reserve my decision on this charge until I have time to glance through it.