Charge Of Driving Without Due Care Fails

Chronicle (Levin), 15 August 1949, Page 2

Charge Of Driving Without Due Care Fails

A case brought hy the Police against A. G. Wells, of Khandallah, of driving without due. 6are and attention was dismissed by Mr. A. A. McLachlan, S.M., at Otaki on F^day. ? Sergeant W. S. Hughes said that on the morning of June 14 _ a youth, Leonard A. Wilton, was riding his toicycle from Rahui Road to his work- in Mill Road. On the intersection by the Otaki Service Station a collision occurred between a car drfven by Wells and Wilton. The latter was injured and his bicycle damaged. Leonard A. Wilton told the court that he was proceeding from his home to his work and. had crossed well over the intersection when he saw a car coming towards him from Mill Road. Two children on bicycles had turned the corner ahead of him. The car had been proceeding slowly and he assumed the driver was. about to stop before making the turn south. Instead he continued on and uie coliision occurred. He was injured and his bicycle damaged. "The car driver asked me if I was all right and olfered to take me to the doctor. Later he offered to pay for the damage to my bike. He has not done so." Under cross-examination by Mr. Shayle-George, who appeared for defendant, witness said he was not riding with his head down. He was riding at from 10 to 12 miles per hour. He admitted he knew Wells was going to turn south, but at ihe same time he felt sure the car was stopping. Wells had admitted that he was watching the children. Wilton denied that he had accelerated to get in front of the car. Sergeant Huges produced a p'an of the scene and submitted that Wells had. cut the corner. The magistrate, in dismissing the case, said that Wilton did not help the position by proceeding when he saw the car coming. "How " can ypu blame the other man. You concede he was watching the children on his right and he eased up to watch the children. That's a problem any motorist has always got to watch, two children gallivanting about the road. One to watch is usually enough. No driver is open to say the accident jwas the other fellow's fault because.-he did not do what I picked he was going to do. ■ I personally think WeIl?%M"'''ctit';ftHe' corner, but Wilton apparently wrongly judged what the motorist was going to- do." Counsel assured the court that , the dan^ge to Wilton's cycle would be met ' by his client.