MAGISTRATE’S COURT

Hokitika Guardian, 9 July 1931, Page 6

MAGISTRATE’S COURT

THURSDAY, JULY 9th

(Before W. Meldrum, Esq. S.M.)

DEBT OASES

R. Eastgate (Mr Murdoch) v. T. Robinson, claim £4 12s 3d. Judgment for plaintiff with costs 23s 6d. BOROUGH BYELAWS. Borough Inspector, W. E. Gay lor (Mr Park) v. J. Vrobleski, a charge of failing in a motor car to turn a comer on the correct side. Fined 5s and costs 20s 6d.

Same v. A. Askew, a charge of not having a stationary car properly lightDefendant pleaded not guilty, stating the car was parked in the place which was used regularly for parking, on the north side of Gibson Quay. The Inspector said the parking place was on the south side of Gibson Quay, while the car was on the north side in a dangerous position near the corner. His Worship said the defendant appeared to think lie was parkirig in the right place, hut he was in error. Convicted and ordered" to pay costs 20s 6d.

Same v. S. Taylor, a charge of riding a cycle at night without a light. Fined 5s and costs 20s 6d.

Same v. S. W Wall, a charge of not having a tail-light on a motor vehicle. Fined 5s and: costs 20s 6d.

LICENSING- ACT

Two local residents charged with being found after, hours in licensed premises (Past Office Hotel) were convicted and ordered to pay costs 10s each.

Another resident similarly charged (Deundin Hotel). Fined 20s and costs 10s.

POLICE v. JAMES FAHEY

A charge of negligently driving a motor Vehicle in a manner to cause injury to ono James Conroy. Mr Murdoch appeared for defendant ■and Sergt. King for the Police. Basil Lawn Wilson gave evidence that he was a medical practitioner at Hokitika. Oil June 21st. at Westland Hospital lie saw a lorry with ,a,n injured man drive up to the main entrance. The injured man was James Conroy. He watched the lorry come round the corner to the entrance. It came round very fast. There were two men with the injured man on the lorry. Found the man was suffering from laceration of the scalp and wounds on the right shoulder and a certain amount of shock. The upper part of the chest was injured. The

patient was conscious. The •ufuries were consistent with a man being thrown off a vehicle on to a road. Tbe patient was an inmate of the hospital for a week-, and he was transferred as a patient to the care of the Doctor at Kumara. To Mr Murdoch—The driver told witness that the man had fallen off the car when it was going round a corner on Kamiori Lake road. The driver was quite frank about tbe accident and witness did not advise him to report to the police. Arthur Huia Appleton gave evidence lie was a motor mechanic employed at Batys at Hokitika. On June 21st. on Kimieri road he was preparing a burnt motor car for conveyance to Hokitika. A motor lorry stopped and those aboard had a chat. There were 5 working ,at the car. Tbe driver of the motor lorry was James Fahey. Two men were sitting on the back of tbe lorry. He did not know them. The lorry drove on towards Hokitika, pretty quickly. Saw the lorry approach a bend about 300 yards away. It was a good.straight roadi to there. At the I lend be saw a man fall off. He estimated the speed at about 35 miles, but it was' bard to tell as it was going away from him. It was a safe bend at 50 miles an hour. There were no guards on the lorry and speed or no speed a man could fall off going round a corner. The ,lorry stopped within a few yards. It was an uphill grade. The injured man got up himself and walked a bit of the way. To Mr Murdoch—He wa>s assisted | by the others ip : th,s' ( Qo'rry. The lorry party when they stopped offered to help witness and party if assistance was required. It is-'hard to tell thespeed.of a cap:.going: away. i-ienrv Nelson French gave evidence that lie was employed at Batvs. On June 21st was engaged on Kanieri road at n motor car with the previous witness, whose evidence he generally cor-, ioborated. The bond swung to the right and after that there was an uphill .grade. He saw the man thrown off the lorry. He appeared to be thrown against a bank. Saw the lorrv come back and the injured man put aboard. To Mr .Murdoch!—He agreed it was difficult to estimate the speed of a going away car. None of witness’ party went along, to help the man after he fell off as the man got up and got aboard tbe lorry. To the Magistrate.—lt did not appear that tbe lorry was driving at more than the ordinary pace. David L. Heinz gave evidence that he was in the employ of the Hokitika Gas Company. Was on Kanieri road on June 21st with others fixing up a motor car. Evidence was given Similar to that tbe two last witnesses. The speed at tbe bend was estimated at 25 to 30. miles an hour. Saw a man thrown off the lorry towards tbe bank o-n the right hand side. "Would not say the lorry was travelling at a dangerous speed to take that corner. It was hard to tell how long it took to pull the lorry up. Ho thought in about 20 yards.

Sergt. O. J. King cave evidence that on Julv 7th visited scene of this accident and to n k measurements. Front where the mechanics were working to tile accident was 387 yards. It was

about 10 yards round the bend where die man was thrown oh. The road was i perfectly level one. 'illis was the case for the Police. Mr Murdoch stated that he did not think he had a case to answer. He had five witnesses to prove that the driver took every care while the man injured, CJcnvoy, would give evidenec that he had a giddy turn. Mis Worship said with the evidence led there was no likelihood o»." a jury returning a verdict of guilty. In the present case it appeared that the driver had driven some men over a difficult road (via Arahura, Blue Spur to Ranieri Lake) and had shown no negligence. There was no evidence that the njured man fell off owing to negligent driving. It did not appear to him that the 'charge had been sustained. The evidence of witnesses did not show the 'river was taking any risks. It ap■v>,ired t" have been a pure accident and the charge would be dismissed. A SECOND CHARGE. On a further charge against James ''alley of failing to report the accident to the police, defendant pleaded guilty. His Worship said there was no quesiou of concealment of the accident as Eahey gave full particulars to the doctor at the hospital. A nominal fine of os and costs 10s was imposed.