NEGLIGENT DRIVING

Timaru Herald, Volume CXL, Issue 20284, 6 December 1935, Page 9

NEGLIGENT DRIVING

MOTORIST FINED In the Timaru Magistrate’s Court yesterday, before Mr C. R. Orr-Walker, S.M., George Cecil Ellis (Mr L. M. Inglis) pleaded not guilty to a charge of failing to give a conspicuous warning when turning to the right, and also to a charge of driving a car in a negligent manner. Senior-Sergeant D. J. Hewitt said that dependant had been going west along North Street, and had turned into Gibson Street. The allegation was that he had been negligent in turning in front of oncoming traffic without giving a proper warning. Clarence R. Shears said that on the day in question he was travelling east along North Street on a motor cycle at 15 miles and hour. When approaching Gibson Street he saw a car, and it turned suddenly into Gibson Street, on its wrong side. The driver had given no warning of his intention to turn, and it had been impossible to avoid a collision. To Mr Inglis: He had practically stopped when the accident occurred. Going at 15 miles an hour, he could stop his cycle in about six feet. He would be surprised to know that his skid marks showed for 30 feet. His cycle struck the car in line with the left front door. Mr Inglis: Why did you put on your brakes 34 feet away from the corner? Witness: The driver turned so suddenly. Were you watching the car? —T watched it sufficiently t~ enable the driver to give a signal. Charles S. Woods said that he saw the actual collision, but he did not see the car turn into Gibson Street. Constable McGlynn said that defendant had told him that he rial turned the corner rather sharply. The weather had been showery, and as the surface of the road was slippery, brakes would be of little use. The mark of the cycle showed that the driver had been well on his correct side of the road. Mr Inglis submitted that there was no evidence of negligence. The Magistrate said that there was evidence of cutting the corner. Defendant said that when he was 35 or 30 yards off Gibson treet he soundeSd a warning. He swerved to the left to avoid two cars, and then held his arm fully extended to indicate that he proposed to turn. At this time he could see no traffic anywhere. He and not told the constable that he nad turned the corner rather sharply. The Senior-Sergant—You don’t suggest that the cyclist flew out of space, do you? Defendant—He must have been going at a good pace. He must have been exceeding the speed limit. Did you see any cars parked near Gibson Street?—No. You know as much about them as you do about the cyclist. Did you tell the cyclist you did not see him?—Yes. Is it not a fa-t that you were looking back to see if there was any traffic coming?—No, I could see in the reflector that there was none. The Magistrate said it was obvious that defendant had not been keeping a proper lookout. If he had been doing so, he must have seen the cyclist approaching, even if he had been travelling at 40 miles an hour. Defendant would be convicted' of negligent driving and would be fined Vi and costs. The other charge was withdrawn.