Right Hand Rule Again The Basis Of Claim

Chronicle (Levin), 7 October 1948, Page 6

Right Hand Rule Again The Basis Of Claim

Damages amountingto £49 5s 8d, with costs £10 5s, have beeii recovered for a breach of the righthand' rule by N. Fvfe, of Palmerston North, represented by Mr. N.; M. Thomson, from L. O. Galiyer, of Raumati, for whom Mr. C, A. L; Treadwell a-ppeared, in a judgmeht tecently delivered by Mr. H. J. Thompson, S.M. The case, Which involved a hearing extending "oVer parts of two separate days at the Magistrate's Court, Otaki* and part of a third day at Wellington, arose out of a collision which occured at the interseetion of the main highway and Beach Road, ih; Paraparaumu township, as a re-. sult of which Fyfe's car was extensively damaged. - In evidence, Fyfe stated '• that he was proceeding from the directioir of Paraparaumu Beach to the township and was croSsing tHe ih-.' .tersection with the main highway; ,with ihe intention of going straight on. The right-haiid rule obliged him to look to his right and this was particularly neces-. sary at this crossing, as a little to the south the main road curved .to 'the left and great care had to* be exercised in order to give way to traffic approaching suddenly round that bend. Concentrating as he did on looking to the right,he did not notice Gallyer's truck approaching on his left on 'the main road travelling in a souther-. ly direction, until the two vehicles were close together. Each driver swerved, but the collision took place about the cen-tre of the 'interseetion. A pian of the locality was produced by Mr. C. W. Foster, surveyor, of Levin. ■ Galiyer admitted that Fyfe was approaching on his right, but in cross examinastion stated that -heS was first on to the interseetion and that although he had appreciated the possibility of a collision, he considered that uhder the cireumstances Fyfe shouid have given way to him. He considered that Fyfe's speed was excessive under the cireumstances. • The magistrate, in giving" judgment for Fyfe, stated that a clear ! breach of- the important righthand- rule had been committed by ' Galiyer. It was not the law that he who was first on the- -crossing 1 had the right of way, -and other- ; considerations 'had to be ' taken- ' into account. The onus was on the person on the left to give way to a 1 car-. approaching on- his right, and. Galiyer. had clearly failed. ih-. the performance of this duty.