COLLISION ON PARAPARA

Wanganui Chronicle, Volume 80, Issue 104, 4 May 1937, Page 9

COLLISION ON PARAPARA

SEQUEL IN COURT MAGISTRATE DISMISSES CHARGES A collision between two cars on the Parapara Road on December 25 last at the 32-mile peg had a sequel in the Magistrate's Court yesterday Delore Mr. J. H. Salmon, S.M. The detendant was Geo. O'Halloran, tyre and cycle dealer, Wanganui, who was charged with driving in a manner which, having regard to all the circumstances, might have been dangerous to the public, and with tailing to keep as far as practicable to the left of the centre of the road. The driver of the other car involved was Mrs. Margaret Henry, storekeeper, Kakatahi. Senior-Sergeant L. R. Capp appeared for the police and Mr. N. R. Bain for the defendant. After hearing evidence on both sides His Worship dismissed the information. Margaret Henry stated that on December 25 she was driving on the Parapara Road towards Wanganui. She was coming down a hill in second gear, and at a bend she was keeping close to a bank. Defendant’s car came along at excessive speed and she drove into the water table. Defendant’s car collided with her car. She remarked to him after the accident that he had plenty of room to keep out further and he replied: “I wasn’t going over the bank for you." Her car was badly damaged. James Henry, husband of the previous witness, said that defendant was I travelling on the wrong side of the road, and the speed was too fast for the particular corner. Francis J. London said the marns showed Mrs. Henry's car close into the bank and defendant’s in front of her car. That was from the marks pointed out to him by the Henrys. Defendant was not present. Nor was his car.

To Mr. Bain: There was traffic going along the road all the time and he could not say whether they were defendant’s marxs or not. It was not a head-on collision.

Mr. Bain submitted that there was no case to answer and directed His Worship's attention to photographs (produced) contending that they showed that defendant’s car had been pushed back by the tyre of the other car.

His Worship said that the point the defence had to meet was the question of whether the defendant had kept as far as practicable to the left or the centre of the road.

Mr. Bain submitted that the photographs admitted by Mrs. Henry as showing the position ol the cars after the accident, showed that the defendant’s left hand wheel was within three feet of a telegraph post and his correct side of the soau. Counsel submitted that for the defendant to have driven that far away from the side was not negligence, as in a locality such as the one in question a car was likely to go over the bank. The proper course was to stop.

His Worship held that he could not ignore the evidence of Mrs. Henry, supported to some extent by the child witness (her grand-child), that Mrs. Henry’s car was on its correct side of the road before the impact. Defendant said that when he approached the bend he sounded the horn and was travelling about 15 miles an hour. He saw a small car coming very fast towards him. It was in the centre of the road. Defendant was driving as far as he could with safety on his left and decided that the safest plan he could adopt was to immediately apply his brakes and stop. He stopped in half a car’s length as it was an up-hill grade. If he had not stopped he would have done extensive uamage to the other car as his car was heavy and the other was a light one. When witness stopped his left hand wheel was two feet from the telegraph pole on the left and the right wneei was nine feet from the bank on his right. The other car struck his car, glanced off and went into the water table. Witness had driven slowly on the correct side of the road.

Donald Fraser Sinclair, who accompanied the defendant on the day the accident happened, gave corroborative evidence. Witness said that they had left Wanganui at 4 o'clock and the accident happened at the 32-mile peg at a quarter to six. The defendant could not have been doing more than 15 miles an hour.

His Worship ruled that there was no evidence to support a charge of driving in a manner which, having regard to all the circumstances, might be dangerous to the public. In regard to the other charge, that of not keeping as far as practicable to the left of the centre of the road, both versions given in evidence were consistent with what happened. He could not accept one set of evidence as against the other. The information would be dismissed.

SAFETY REQUIREMENTS CITY FIRM FINED FOR LACK OF THEM FIRE ESCAPES NOT ADEQUATE. Reserved judgment was delivered in the Magistrate’s Court al Wanganui yesterday by Mr. J. H. Salmon, S.M., in respect to the allegation brought by the Inspector of Factories at Wanganui (Mr. E. E. McGregor), that Messrs. J. S. Sullivan and Company, furniture manufacturers, had not complied with section 40 of the Factories Act in regard to requirements of fire escapes. His Worship held .that the defendant had not complied with the

requirements of the Act, but that the case was one for nominal penalty. Mr. B. C. Haggitt appeared for the defendant.

The magistrate said that he had seen the premises and he agreed with the inspector's evidence that they did present a very real danger to workers, particularly after the back portion had been put on, which left really no safe exit except by one stairs. It was true that the defendant was now putting matters in order, and the authorities, including the superintendent of the Fire Brigade, would be satislied with what he proposed to do. At the same time His Worship could not overlook the fact that defendant had to be stirred up by the inspector before the lire escapes were put in. The case was one for a nominal penalty, and defendant would be fined £2, with costs 13s and witness’ expanses.

MISCELLANEOUS CASES WANGANUI MAGISTRATE’S COURT The following cases were dealt with by Mr J. H. Salmon, S.M., at the Wanganui Magistrate’s Court yesterday Gordon Victor Orr, for procuring liquor during the currency of a prohibition order, was fined £l, with costs 10s, and for being on licensed premises after hours was ordered to pay costs. lan Frederick Jones was charged with failing to drive as close to the left as possible at Otoko on March 23. Senior-Sergeant L. R. Capp said defendant was driving on the wrong side of the road and in atempting to avoid another car, swerved to the left and went over a bank about 50ft., and defendant was injured and taken to hospital. Before going over the bank he collided with another car, which was slightly damaged. A fine of £3, with costs 10s was imposed. Ernest Phelan, for being found on licensed premises after hours was fined £l, with costs.