TRAFFIC RIGHT OF WAY

Hawke's Bay Herald-Tribune, Issue 4, 20 January 1937, Page 7

TRAFFIC RIGHT OF WAY

Speed in Approaching Intersections MAGISTRATE'S COMMENT There had been for a long time a feeling among motorists that they had the right-of-way over cars approaching from the left, and they frequently gained this right by the speed they travelled, beating other traffie to the crossing, commented Mr J. Miller, S.M., in the Hastings Magiutrate 's Gourt this morning during the hearing of a case in which the. driver of oue car involved in a coUidion cliaimed that he had the right-of-way. . Thomas James Sinclair, farm labourer, was fined £2, with costs 24/-, for dJiving a motor-vehicle without due care at an intersection. He pleaded not gailty and was represented by Mr W. .Selwyn Averiii- Senior-Sergeant Sivyer prosecuted, Miss E. G. Satehell said she croseed the intersection of Hastings and Southampton streets at a speed of about 20 mile-s an hour. She reached the intersection first. As soofi as she saw defendant approaching at over 40 miles an hour, she applied her footbrake. His rear mudguard struck tho front of her car, after which his car swerved r.nd overturned. Even had he applied his brdkes, she thought, the collision could not. have been prevented. Constable Wialsh described his visit to the scene of the accident. Miss E. Catruthers, who witnessed the accident, said Miss Satehell slowed down and blew the born .some distauce ih'om the crossing. She heard defendnnt's tar but did not see it comiug. It was making a great deal of noise, which gave her the impression that it was travelling quickly. Defendant sounded the horn. The other car was practically stationary when struck and did not move after the impact. Mr Averill, for defendant, aaid that both cars reached the interseetion at almost the same time. In this case Miss Satehell was under an obligation to give way, and she appeared to lean forward as if about to apply the handbrake. Defendant had slowed down before this, but he then aecelerated. He had sounded the hdrn about a chain from the comets Before he aecelerated he was travelling at under 20 miles an hour. His car did not "swing round" the baby car. as must have been the case had he been travelling at exdessive speed. Defendant gave evidence along the same lines. He had driven from Porangahau with two passengers. He had been driving since 1014 and had driven a commereital van in Hastings reguIarly for eight years. He considered the accident " was eaused by Miss Satehell 's failing to give way to himShe was proceeding at about the same speed as he was when the collision occurred. The wheels, mudguard and doors of his car on the left-hand side were pushed under the chassis. This could have been caused only by the collision, beeause hq overturned on his right-hand side, Mr H. Lawson, a passenger in defendant 's car, eorroborated this evidence. Gumming-up, His Worship pointed out that the case was brought under a new regulation, which seemed particularly fitted for such a case as this. If both cars were travelling at the same speed, defendant had the rjght-of-way, and if he merely miejudged the position there would be no eonviction; but he felt that this was not the case. Miss Satehell 's evidence had been eorroborated by an independent witness on the footpath. The 'position of defendant 's car Convineed him it was travelling quickly.