ON WRONG SIDE OF ROAD

Hokitika Guardian, 13 February 1926, Page 1

ON WRONG SIDE OF ROAD

WRITTEN DECISION TO BE GIVEN. WELLINGTON, February 9. The contention that a user of the highway was justified in being on the wrong side of the road when the exigency of the circumstances demanded it. was nut forward as a plea by counsel, Mr J. F. Strang, on behalf of Thomas Samuel Sinclair, when charged at the Magistrate’s Court. Hamilton, before Air Wyvcrn Wilson, S.M., with a breach of the traffic regulations by not riding on the correct side of the road. The circumstances of the case were outlined by Mr Strang, who said that defendant was riding along, the Hani-ilton-Ohaupa rood at Jtukuhia ieeently, leading a brood mare followed by a foal. A ear, driven by a native, crashed into defendant, who. it was admitted, was on his wrong side, and as a result the marc and foal were seriously injured. Defendant first saw the glare from the lights of an approaching ear, and as it rounded the corner he went off the metal on to the grass on the righthand side of the road, this being the recognised custom when leading horses. It would have been impracticable to have taken the horses on the leTt. Defendant saw the ear coming, with dazzling headlights, which wore not dimmed. A veterinary surgeon, Samuel Burton. said that the practice in England and New Zealand, when leading horses, was to keep on fho off-side, while an experienced stud master gave evidence to the effect that when leading a stallion or brood mare it was the custom to keep on the right-hand side of the road. The magistrate said that, he would give a written decision.