NEGLIGENT DRIVING.

Waikato Times, Volume 100, Issue 16813, 3 June 1926, Page 11

NEGLIGENT DRIVING.

TWO DRIVERS CONVICTED. CYCLIST'S LICEXSE SUSPENDED. As Mm Outcome of n recent collision between a car and motor cycle at tin: cornei' of Rosstrcvor and Victoria Slreets, Doris Brett was called upon in the Hamilton Magistrate's Court yesterday to answer charges of driving a motor car in a manner dangerous to the public in Victoria Street, and of negligently driving a car at the intersection of Victoria and Roßslrovor Streets, while A. Schmidt was charged with similar negligence in regard In his riding of a motor cycle. Pleas of not guilty were made on all the charges. Mr Wyvcrn Wilson, S.M., presided. Evidence of Eyo-Wltnessos. An elderly man named Bailey, who was one of the eye-wilnesses of the collision, gave evidence that the motor car appeared to have been travelling faster than the motor cycle. There was no other trade near the accident when it occurred and he did not hear any horns sotinded. The motor cycle, was travelling at an ordinary pare for a motor cycle, while the car. which appeared suddenly, was (ravelling at a fair rale approaching Victoria Street. It crossed in front of the motor cycle and had nearly stopped when the collision took place. G. P. Smith, another eye-witness, said he estimated the speed of the approaching motor cycle at UO miles an hour, hut. could not estimate the speed of the car, as he did not see it (ill the collision look place. The motor cyclist swerved to the le.fl in an endeavour to avoid the car and hit it in the rear right hand side wheel, Ihc car slopping dead. Dofence of Car Driver. Mr Mac Diarmid, for the defendant, Miss Brett, said it was quite obvious that the motor cyclist, had the right-of-way and should have passed in front of the car, as Miss Brett gave him the opportunity of doing, and it was only his action in swerving to the left that caused the collision. Possibly the accident was due to an error of .judgment on Smith's part. Doris Brett gave evidence ihat she was travelling at about iO miles an hour along nossirevnr Street on her proper side and sounded the horn and put out her hand as she approached the corner. She did not see the motor cycle until the wheels of the car were in a line with the footpath in Victoria Street. The motor cyclist was (ravelling faster than she was. When she first saw hirn about a chain away she thought he could easily pass in front of her, in view of the pace at which he was travelling. He was about 10 yards away when ho commenced to swerve and when she saw him turn she accelerated slightly. He had a much better chance or passing In front of the car than behind. The car was still I ravelling under its own engine when it was struck and the Impact was a hard one. She bad not started to turn when the car was hit and iifler (he collision her car travelled a few yards, slopping with the front wheels just past tin' silent policeman. She stopped Ihc car of her own accord and was still lo Hie left or I lie middle line of ItOKStrrvor Street when Hie ear came |o a standstill. The motor cyclist gave no 'ndiralion of what direction he was lakinp. She diil nel apply her brakes ami did not i,now whether he saw her signal. She could have puller) up jn ,i car's length when e.lic first saw the motor cycle.

Vera Muir, one of the occupants of the car, gave corroborative evidence. She said that compared with the car the motor cycle was travelling fast. In her opinion Schmidt could have passed in front of the car and it was unnecessary for him to have swerved. Sadie, Wright and Frances Lightburn, who were also in the car, gave evidence on similar lines. Charge Against Motor Cyclist. Mr A. L. Tompkins said it seemed to him that there was no evidence to support, a charge of negligence against Schmidt. His Worship: Judging by the distances, the motor cyclist was doing nearer .'iO than 30 miles an hour. Continuing, Mr Tompkins said the car driver had committed two flagrant breaches of tho rules of the road. Schmidt was travelling at !'■> or 20 miles an hour and saw the car a little, before it reached Victoria Street. When the ear stopped he went straight ahead, but was astonished lo see, it move nn again, lie was misled by the. action of the car driver, who practically stopped her car. ■ It was obvious that Miss Brelt had come sufficiently far nut of Victoria Street to creale a doubt in Schmidt's mind as to her intentions. There was not sufficient room to permit the motor cyclist to pass between the car and (ho silent policeman and he adopted the only possible course of trying to pass behind. His Worship remarked that it seemed evident Miss Brett had failed lo keep a proper look-out. A. Schmidt said he was about 25 yards from the silent policeman when iie noticed the. car coming out of Rosstrcvor Street. When he saw the driver he got the impression rrom her action Ihat she was going to pass in front of him. He swerved 10 or l"> yards from Hie car. which was then practically stationary. He applied his brakes hard when a collision seemed imminent. Had the car travelled straight ahead he would have missed il with a foot or two to spare. He did not see the necessity of pulling up when the car driver slowed down. [Magistrate Sums Up. His Worship said it seemed to him that the car driver should be convicted on a charge of negligent driving, for had she kept a proper lookout she would have seen the motor cycle before she did. She had been travelling slowly, and if the motor cyclist was approaching fast she should have stopped the car when she first saw him. Her action was such as to he dangerous and he thought she should lie convicted on both charges. As regards Schmidt, tv.e car was over a chain away a little way down a side street and travelling slowly, when he first saw it. It came, out half the width of the street, (about 3:ift.) in the time that he travelled twice that distance. His Worship took it that the car was travelling at 10 miles an hour. Independent evidence had been given that lite car stopped at the moment of impact. The motor cyclist, however, was unable to avoid a collision, even though he had his brakes hard on. From Ihat Ihc inl'eience could be drawn Ihat he was Ira veiling at a high rale of speed. Had Ihat not been so. there would have been no collision. He entered convictions against Miss Brelt nn both charges, imposing a fine of L'.'l and costs Os nn Hie first, and ordering her lo pay 7s ci.sis on Ihc second. Schmidt, who 11.111 been previously convicted of speeding, could only be 'aught differently in one way. and was fined f. in and i'.>e costs, while his license to drive was suspended for three months.