MOTORISTS MUST TAKE PRECAUTION.

Star (Christchurch), Volume XLIV, Issue 142, 17 June 1931, Page 5

MOTORISTS MUST TAKE PRECAUTION.

“OFF SIDE” RULE DOES NOT CONDONE CARELESSNESS.

Per Press Association.

WELLINGTON, June 16.

The necessity for motorists, although they had the legal . right of way by reason of the application of the “ off side ” rule, taking every reasonable care was emphasised by Mr Page, S.M., when deciding a civil claim arising out of a collision between a motor-cycle and a motor van.

“ The plaintiff,” said the Magistrate in reviewing the facts, “ was riding a motor-cycle along the street on the correct side, and when reaching an intersection saw defendant’s lorry about to cross in front of him. Plaintiff knew that if both went on they would collide, but he chose to rely on the

‘ off side ’ rule. This is a rule,” Mr Page said, ”, which I am continually finding to be at the back -of accidents such as the present one.”

There a collision, but it seemed clear to the Magistrate that the plaintiff was not entitled to recover. It was f never intended by the rule to absolve a driver in whose favour the rule stood from taking proper care to avoid a collision. There was contributory negligence on the part of the plaintiff. “ He says himself,” added the Magistrate, ” that he could have stopped right up to the time of the accident, and the correct entry in this ca!se is judgment for the defendant.”