MOTORS IN COLLISION

Waipa Post, Volume 32, Issue 1927, 28 October 1926, Page 4

MOTORS IN COLLISION

, ON KIHIHIHI ROAD. CHARGE OF BEING "OFF-SIDE.” (Own Correspondent). Ait the Otorohanga sitting of the S.M. Court on Wednesday the adjourned case in which J. 'D. Fox was charged with having driven on ttfe wrong side of' the Great 'South Road .between Otorohanga and Kihikilii, was continued, Mr C. R Orr-Walker again presiding. The occasion was on August 31st, and jthe police alleged that as a reslujt of so driviing Fox wa s responsible for a collision. Constable Fry prosecuted and Mr Mackersey diefehdeid. Edwatd Faulknefr, hide dealer, was called and gave evidence of the mishap. He was driving around a betid in thisi road and seeing th'e' defendant doming went into the watertable, hut defendant ran into him. Witness was going up hill at abioult 10 miles an hour. Defendant wa s noit coming very fast. His axis! and steering rods were bent and his car was totally disabled. Defendant had some passengers with hjm. Had spoken to defendant who had refused to give liis name: Where he went into the wajtiartabie It he road was about lSlft. wide, itheirfel being 25ft. of metal. The watertable was about 15 inches widle. Was mtoving at the time of the impact, hut 'was ■stopped by the collision. 'Defendant’s car was not on the filling by a long way. Had been towt'd to Kihikihi, where he informed the police of the accident. Mr R. Morton had towed him, but two other cars pastetd’ and did not assist. Defendant discussed the accident for about ten minutes and ba!dl saidi witness was travelling too fast. Witness had told defendant tha|b he was not on his correct .side of Ithe road. He was on the Kihikihi side of the b|e'nd when defendant collided with him. His. car was too much damaged to use. Cross-examined: The day was rainy and he had .leljc 'Otorohanga at 9 o’clock, tlhie accident occurring about 10.30 or 11 o’clock. JHe had ‘been calling at different houses gathering skins and 'this accounted for the length of time he had taken to negotiate the ninle miles. Could easily see deQsndanjfc approaching a chain away. Had told defendant that he had been on the verge of accelerating to get up the hill 'whtsln he had) got around the corner. lit' was a h)e:ad-on 'collision an'd defendant had run into him (witness). Re-examined: The lei|t wheel of bis car was inltact, but his right was damaged'. 'Consliia'ble Mahoney, of Kihikihi, gave evidenciel of having received a Report from Faulknelr of the accident and of having visited the scene of the accident and inspected tlhiei damage done to Faulkner's calr. Thlsire were l'3ijt. of metal at the scene of Ithe accident and Faulkner was from 18 in. to '2ft. off Stine metal and in the watertable. 'There was amplje, r'oom for cars to paas and two wen(t .by whilst he was there. Fox would have ha'd a be tier opportunity of seeing Fa.ulkner than Faulkner would have of seeing him. Had not sifi);!n Fox and Faulkner did not seem to know liis name. In reply to Mr Mackersey, he bad measured the distances by stepping. r ir. R. 'Morton, auctioneer, was called ■and deposed! * having com)?; across Faullkrjeir on the road In the watertable on Itlie date in question. There was any amount of room on /the road for two cars to .pass each other at the point in question ml The visibility at tl’iil bend was not Very great, but. cars coui'd see ie;a-ch other from both the top and bottom of thjs.i hill. When approaching the bend one could • not see iround it. There had been a filling at Like side of this) road and it was very soft and the- bank was rather sleep. 'Constable Fry gave evidence of having seen 'Fox on the day of the accident and! t'hall lie had attributed the accident to the fact that Faulkner had bcidn driving too fast. He considered that both drivers would have a visibility of at least 37 yards alt the bend. Had made measurements with a foot ■ rule and a stick. Fox had come and reported the accident to him. CVIr Mackersey. in opening the l case for the defendant, mentioned It hat his .clibnt had done a great deal of car driving and had never had any charges against him for negligent driving. He contended that iFaulkn'er had 1 come up the.-hill at agrieialt pace and struck Fox’s car on the (running 'board, 'the impact sending him (Faulkner) into the wafcir-table. The cause of the accident was doubtle’ss 'the speed at which; Faulkner was going. .A;s a matter of fact it was Faulknier who had run into Fox, and not Fox into Faulkner. Defendant had mlsed every .reasonable care. J. ID,, ,Fox, defendant, gave 'evidence and said that after the accident occurred lie had said to Faulkner: “You were going too fast” and he had replied Yes. 'I think I was.” Hie was ’travelling on the through to K'ew Plymouth and; did "not average morei than 20 miles aq hour. ’ In reply to 'Constable Fry witness said liis right-band mudguard and his running board were damaged. Faulkner was not in the wal.te'r-table before the collision. He had seism Ithe constable’s report ait New Plymouth. Had made an effort to pull off when approaching iFaulkme'r. The back of 'bis car was slightly over to the right of the road. (A.'iqe Jane Fox, mother of dependant, was the lie jit 'witnelss. 'She was in hisr son’s calr on the date .in question. They had been travelling on the middle of tb)s: road, but edging towards the Heft. Had suddenly got a view of Faulkner, who appeared to be coming at a high speed. Faulkner’s car did not move afltelr it struck thjstai. Faulkner’s car was right Juip agaiin'st the bank in thle watertable.

Evidence was also, given by Donald Fox, brdthjar of defendant. _ He 1 - re T ( membeiyid tlie J 6ith‘> : August when he' was sitting in' froiii <: of. the car with his brother and sister. T-hjey wereabout five yards frdlfti Faulkiieir-when' he first saw the catt They were ontihe- metal, ifhough tin this left-hand side. They had stopped when the other car struck them. Faulkner he' thought was going from 20 to 30 miles, an hour. At any rate 'ha was not going slowly. His 'brother and Faulkner spoke anfdl when his brother accused Faulkner of going Itoo fast he had ireplied, “Yes, I think I was.” 'By 'Constable Fry: Did not think Faulkner was in ithe water table before the impact. !Did not think then* was

room for Faulkndr Ito pass between the -bank- and (the rear of his brother’s ear..! ! k- r.r, - ' \: His Worship said from the evidence he was not satisfied that defendant had then driving with sufficient care. However it was not a isertous case and there would 'be considerable expense attached (to lthe case. -Hie would fine delk'ndant on the first charge £2, with £2 4s 8d costs. On a second charge of failing to keep to the Iteift side of the (road defendant was convicted and discharged.