BUS AND CAR COLLISION HAS COURT SEQUEL

Chronicle (Levin), 7 September 1946, Page 4

BUS AND CAR COLLISION HAS COURT SEQUEL

CHARGE ©F DRIVING WITHOUT DUE CARE Arising out of a collision between a car and a bus on the main highway, near the Kimberley crossing, on the night of July 26 last, Roy Randolph Blackburn, the driver of the car, was eharged in the Levin Magistrate's Court yesterday with driving without due care and attention. Mr. A. M. Goulding, S.M., heard the case. Defendant was represented by Mr. J. Todd, while Mr. N. M. Thomson watehed prooeedings on behalf of Messrs. Watts Motors, Ltd., owners of the bus. In outlining the case Sergeant Grainger stated that at about 11.40 p.Ai. on July 26 last the' defendant was driving a -car, with his brother as a passenger, just~beyond Kimberley Road on the main south road, at which point he turned right to enter his home, when he was struck by a following bus, owned by Messrs. Watts, Ltd., and driven by Maleolm Wills. The defendant alleged that he had seen the bus some 60 yards behind him, whereupon he gave a signal of his intention to turn, reducing his speed meanwhile. He admitted that he did not again look out to see where the bus was, and did not again see the bus until it collided with him. His car was struck broadside on, and his brother was thrown out and seriously injured. Constable W. R. Gillespie gave evidence of visiting the scene of the accident, and submitted a plan of the locality. Constable A. Kelk read a statement made by the defendant to the

police, in which he testified to the mcidents leading up to the accident on lines similar to those outlined by Sergeant Grainger. Maleolm Wills, the driver of the bus, gave evidence that he was driving a bus eontaining 36 passengers to Manakau on the evening in question. At a point some 160 yards south of Kimberley Road he caught up with a car, driven by the defendant, which, when he was ubout 40 feet -distant from it,..he hbserv'ed to be pulling up as 4'f -it. intended' to stop. The. driver had .giveh- nd -hbti'ce /cff . bis .intehtions. Assvihiing "Mjfyetf -w&s goiflg to '.stop; he^Wil^) f'pulib^out. :©n. to the centrb bf'the road' to pa/ss, but simultaneously Blackburn brought his car round at right angles to enter the gateway of his home. An inevitable collision followed, the bus striking the car well over on the grass side of the road. Bernard Joseph Futter, a passenger in the bus, stated that he was standing'in the passage way of the bus and looking through the screen in front of the driver. He observed the small car, which was being driven by Blackburn, ahead of' them, and detailed how it appeared to be pulling up, whereupon the tous driver pulled out irito the middle of the roadway to pass. Without any warning the car turned at right angles across the road, leaving no escape from a collision. The defendant, detailing the incidents immediately prior to the collision, said that at a time when he estimated" the bus to be 60 yards behind him he looked back to the bus, changed down to second gear and signalled his intention of crossing the road. He held out his ,arm until he commenced the "turn. He considered the driver of the bus had seen his signal, and thought it was slowing down. His front wheels were on the grass when his ■car was struck by the bus. In delivering judgment, His Worship said that it was otevieus from the evidence that Blackburn knew the bus was approaching. He had said that he had given a sighal when the bus was -60 yards distant. It was highly improbable that this was seen by the bus driver, and the signal could not have been long continued, as the defendant had stated he had immediately pf.oceeded to change gears, an operaition which .could riot be conducted with one hand. His Worship said that he could not regard the

actions of the defendant as embodying due care and attention. .He had not sufficiently attempted i to ascertain, after his first vision of | the bus, where it was subsequently. ! The defendant was convicted 'and fined £1, with costs £1 2s and witness' expenses £1 3s.