FAILED TO GIVE WAY.

Waikato Times, Volume 113, Issue 18877, 22 February 1933, Page 6

FAILED TO GIVE WAY.

VAN-DRIVER FINED.

SEQUEL TO COLLISION. INCIDENT AT FRANKTON. Arising out a collision which occurred at the intersection of Killarney Road and Ellis Street, between a baker’s van and a light car, on January 27, Albert Claude Edwards, a van driver, of Hamilton East, appeared before Mr Wyvern Wilson, S.M., in the Hamilton Magistrate s Ccurt to-day, charged with failing to give way to a vehicle approaching on ills right, and with cutting the corner. Defendant pleaded not guilty to both charges. Mrs Lucilla Williamson, of Cambridge, said that on the day of the accident she was driving her “baby car along Killarney Road towards Hamilton when she saw a baker’s van being driven along Ellis Street. The van continued into Killarney Road and turned towards her car, which was between 15 and 20 yards from the intersection. When she saw a headon collision imminent she swerved to the right to avoid it. The van turned in the same direction, with the result that a collision occurred. At this stage her car was on the wrong side of the road, and both vehicles came to a standstill in the gutter.

On the Wrong Side.

In answer to Air P. 11. Watts, counsel for defendant, witness said the van came round the comer on its wrong side before reaching the right side of the road. She was travelling at about 15 miles an hour and slowed down as she approached the corner. In her opinion there would not have been a collision had the van come round the corner in the ordinary way. Constable D. McLean, of Frankton, detailed 'the position of the vehicles after the collision. Marks on the road which showed that a vehicle had cut. the corner were admitted by Edwards to be those of his van.

Questioned by Air Watts, the constable said that the corner concerned in the case was one where it was not customary to keep strictly to the left when turning into Killarney ltoad, owing to the nature of its formation. However, he was not prepared to say that ail the traffic that went round the corner went as close to the right hand side as did Edwards, there was a tendency for traffic to turn inside the centre line. Air Watts said his client had pleaded not guilty to both charges, but lie admitted that they were technically guilty of not going round the centre point at the intersection. However, he submitted that his client had turned the corner on the. line generally used by traffic, owing to the nature of the road. He contended that had Airs Airs Williamson kept straight on instead of swerving when Edwards came into Killarney Road there would have been no collision.

Defendant’s Evidence. In evidence, defendant said that in his opinion the small car was travelling at about 25 miles an hour when he saw it coming about 200 yards from tlie corner and it did not alter its speed. He was proceeding towards the corner at 10 miles an hour. After he had turned into Killarney Road there was room at the rear of his vehicle for the car to pass, but the further he moved across the road the further the car came after him, and a collision occurred near the footpath. He admitted to Senior-Sergeant Power that he had cut the corner. The magistrate asked defendant what made him think that he could cross the intersection when the other car was approaching it at about twice his speed. Defenlant maintained that no collision would have occurred had the smaller car kept on a stra'ght course. After reviewing the evidence the magistrate remarked that it seemed that defendant must be convicted on both charges. He was not satisfied with the manner in which the charges were laid, and said that dangerous or negligent driving should have been the charge against defendant. Edwards was convicted and fined 40s with costs 10s, for failing to give way, and was ordered to pay costs, 10s, for cutting the corner.