MOTOR BY-LAWS.

Taranaki Herald, Volume LXVI, Issue 16038, 24 January 1918, Page 7

MOTOR BY-LAWS.

CHARGES AGAINST WAITARA RESIDENT. ' \ AS RESULT OF ACCIDENT, At the Magistrate’s Court this morning, before Mr. -A. Crooko, S.M., Arthur Wilding Ogle, of Waitara, was charged bv the borough inspector (Air. R. Day) with the following breaches of the by-laws: 11) Driving a motor-car along Devon Street (between Fitzroy and town) on December 26 at a greater speed than 20 miles an hour ; (2) driving the car at a speed and in a manner which was dangerous to the public having 'regard to the amount of traffic which actually was or might reasonably have been expected; and (3) failing to stop after an accident occurred. Defendant, for whom Mr. A. H. Johnstone appeared, pleaded not guilty to each charge. The borough inspector, in outlining the circumstances, said that this was one of the most serious cases which it had been his lot to bring , before tho Magistrate, and the evidence would disclose that defendant should be thankful that he was not there to answer a more serious charge. He was tho oyvner of a very powerful motor-car, capable of a nice speed. On the day in question, a race day,, Ogle, who was going to the races and was late, passed the Mangorei Road (Old Hospital Road) at about 11.30 at a very fast speed. Mr. Grover came slowly down Mangorei Road, and had got fairly into Devon Street going towards New Plymouth, when Mr. Ogle’s car caught the cap of his front axle. Further, after the accident, defendant did not stop. The evidence would show that he was driving at about 40 miles an hour, while the speed limit there was 20 miles. L. C. Sladden, surveyor, deposed that he came upon the scone of the Accident in a tram about 11.45, and found Mr. Grover there with a disabled car. Both front wheels wore badly bent, and the car had struck the kerbing. Ho took measurement? next morning. The indication of the wheel ntai'ks was that 'the car was fairly im Devon Street. The grade there was about 1 in 22 rising from the Henui River towards Fitzroy. There were four roads running into Devon Street oh this side between Fitzroy and the Henui Bridge. These roads carried a considerable amount of traffic. He knew Mr. Grover and had frequently seen him in his car, but had never seen him drive fast. To Mr. Johnstone: The entrance to Mangorei Road was a block cutting, i. 0., with high banks on either side, and therefore a car coining down it could not be seen from Devon Street. Ho made the measurements on the 27th because Mr. ; Grover mentioned that ho might be taking steps in the matter and might require witness to give evidence, and witness wished to ba able to answer questions.

George Gordon Grover, Fitzroy, said that on the morning of December 26 last he was proceeding from Rimu Street by Mangorei Road to New Plymouth. On approaching the corner ho slowed down to about five mikte an hour and sounded the horn, and as he 'took the corner he looked out for traffic. He did not see a car approaching, but when he was just round the corner a large car came un on his right-hand side and crashed into witness’ car, disabling the steering gear.-and sending his car into the concrete kerb. The other car did not stop; it was full of passengers who all looked round with the exception of the driver. Witness took the number of the car (T 236) as well as the names of witnesses to the accident. The car T 236 was travelling at a very great speed, from the appearance and the roar of the exhaust he should say at least 40 miles and probably 50 iniles an hour. Witness had been driving his car for three years. As the result o'f the accident his wife was badly shaken and suffered from shock.

To Mr. Johnstone: From tho corner he could see along Devon Street to the bridge by the railway station, ’ about 50 yards or more. He did not ask Mr. Sladden to take measurements. He had had an accident on a previous occasion, running over a hoy through the latter’s own misfortune, but lie had had no accident with another car. Ho sounded his horn before turning tho corner. He was not excited when tho accident occurred, but was exasperated to see tho car that had caused the accident clear out/ AVhen the accident occurred ho was round tho corner and on Devon Street, but lie thought his car was just off the parallel. Ho turned the comer as sharply as ho could. Corroborative evidence was given by Richmond Samuel Handle, driver (a witness of the occurrence) who stated that the car T23IV was driven at a furious pace, while Air. Grover went round the corner at a very slow speed—not more than four or five miles an hour. A'htness afterwards,measured the distance from tho inner (left-hand side) wheel of Mr. Grover’s car to the edge of the kerb, and it was about 10ft. To Mr., Johnstone: I was wofking at the time on my father’s property immediately ppposite tho outlet of AJangorci Hoad into Devon Hoad. \A T hen Grover’s car was coming out of Afangorei Road the other car was just at Dm brow of the bill. It Mr. Grover Wl looked for-the other car he certnP-ty must have seen it. I cannot say whether ho looked or not. Mr. Johnstone said that was all he wanted.

His Worship said that even if Hr, , Grover did see the car it would not have altered matters. Mr. Johnstone contended that it was Grover’s duty to have looked, and if he did ho would have had ( ample opportunity to stop.

His Worship said it would ho very difficult ta prove to him that a car was hound to stop because there was another one 70 yards away, Mr. Johnstone said that if the ease was already decided it was no use his going on.

J. E. A. H. Orhell. a lad living at Urcnui. said he saw the two ears collide. The car from the direction of Fitzroy was ‘going at “a terrific hat,” and it was not far off when Mr. Grover was turning the corner. To Mr. Johnstone: Mr. Grover would have been able to sec the other ear coming when he, was turning the corner. To the Magistrate: I heard Mr. Grover blow his horn, hut the Waitara car did not give any alarm at all. It. was making only a. faint noise. This was all the evidence for the prosecution. Mr. Johnstone said the facts were that Mr. Ogle was mining: into New .Plymouth in his six-cylinder "Winton oar (48-11. p. English rating). Ho rounded the corner at the- Fitzroy store, and thereafter kept strictly on the loft hand isido of the road. At no time did his speod exceed twenty miles per hour. The speedometer on tne car was

not working, but Mr. Ogle was a careful drive)' of many years’ experience and was quite certain that ho was going under 20 miles per hour. When he neared the Mangorei Road corner Mr. Grover’s motor-car suddenly shot out and tools: a sweep towards the centre of the road. Mr. Ogle immediately swerved in order to avoid the car, but the cap of his back wheel struck the axle-cap of Grover’s front wheel. In reviewing the circumstances, counsel remarked that Ogle was not as well acquainted with the road ns a motorist living in town would be. Mr. Ray: Then he should have taken more reasonable care.

Mr Johnstone: If yon will be so good as to remain silent we will bo able to got on faster. Continuing, he said that the onus was upon the prosecution to mako out clearly that Ogle-was going at more than 20 miles per hour. That was a matter upon which strict evidence was required. Evidence of tho wildest kind, such as had been given by the witnesses for the prosecution, should not be accepted where such strict testimony was necessary. Mr. Ogle would say that under the particular' circumstances it would not be possible for his ear to have gone at the speed alleged. If the borough wanted to catch motorists for exceeding tho speed limit it should do what it attempted to do for a’short time —put up “traps,” and take tho time between certain points. Evidence such as had been given for the prosecution to-day was quite insufficient.

His Worship pointed out that people did not carry stop-watches in expectation of a collision. Evidence on the lines of counsel’s address was given by the defendant, who said he rounded the Fitzroy corner at 10 to 12 miles per hour, and afterwards kept well on bis correct side of the road. When Mr. Grover suddenly appeared from tho Mangorei Road he seemed at first to be going to New Plymouth, but then appeared to be going to tho other side of the road, and came straight for witness. Witness did his best to swerve and avoid a collision. To his mind, be did hot strike Grover—it was Grover who struck him. His car was not a fast one by any means. It was powerful) certainly. On the third gear (on which it was running when the. accident occurred) it could go 32 miles an hour, and there was a fourth gear which would add another 10 miles, but he had not used that gear for 12 months or so. He was quite unable to explain the allegation regarding the exhaust. His Worship : Do you mean to suggest that the car could not go more than 32 on third gear?—lt could, but I have never seen it going at 50, ns tho witnesses claim. Defendant was question by the Borough Inspector regarding previous motor accidents in which he was involved. .The court adjourned at 1 o’clock. When the couH resumed at 2.30 this afternoon, his Worship 'stated that as there was a full list for to-day the case could not be completed, and it was therefore be adjourned till Thursday, February 14.