SEQUEL TO MOTOR COLLISION.

Manawatu Herald, Volume XLVIII, Issue 3027, 24 April 1926, Page 2

SEQUEL TO MOTOR COLLISION.

The sequel to a motor collision which occurred at the intersection of Park and Robinson streets on the evening of April 7th, when a car driven by Mr. E. Cornwall, a local resident, collided with the incoming 6.30 p.m. char-a-banc, was heard at the local S.M. Court, yesterday, before Mi'. J. L. Stout, S.M., when the drivers of both vehicles were charged by the Police with negligent driving. Pleas of not guilty were entered in each case. Mr. Bergin appeared for the driver of the char-a-banc (V. McDowell) and Mr. Moody for E. Cornwall. Constable Owen conducted the case for the police and briefly outlined the particulars of the accident, and stated that had both partis kept a proper look-out the collision would have been avoided. Constable Ryan, in evidence, stated that he inspected the scene of the aecidcpt immediately after the collision. The marks were then plainly visible on the road. They showed that McDowell had swerved the char-a-banc to the right, about a chain from the corner on which the accident occurred. After the collision he had continued on and crossed to the correct side of the road, pulling up some 60 yards away. There was a clear view of the crossing for five chains on either street. To Mr. Moody: From five chains down either street a car was visible from the wheels up. McDowell could have turned down Robinson street. Previous to the collision Cornwall had been travelling on the correct side of the road and had swerved towards the town at the intersection. To Mr Bergin: There was a high hedge on the corner of the Beach road. John Henry Downes, gas manager, and passenger on the char-a-banc said he saw Cornwall’s car approaching the intersection when the char-a-banc was a couple of chains off the cross roads. He called out to McDowell to look out. Cross-examined, witness Could not give any definite answers to questions put to him, but estimated the speed of Cornwall’s ear at 25 miles per hour. He did not hear any horn sounded. Edward Cornwall, flaxmiller, residing at Manawatu Heads, and driver of the car concerned in the smash, said that the car was a 1915 model Ford, and lie did not think he could have got 25 miles per hour out of the car. Estimated his speed at 15 miles per hour. Did not see the char-a-banc until a yard or two off it. YVjas looking in the direction of Foxton for traffic. Immediately he saw the bus be swung his car sharply into Park street and the char-a-banc struck it a glancing blow and twisted A'lj| round facing the direction frey whence he had just come. To Constable Owen: Had not looked to the right. To Mr Bergin: The char-a-banc was half-way over the crossing when he saw it. The mudguards of his car were undamaged the point of impact being opposite the driver’s seat.

Vincent McDowell, driver of the char-a-banc, in evidence, stated that he first saw Cornwall’s car when about a chain from the corner. Cornfoot was then looking in the direction of Foxton and witness thought the road was clear. Locked the bus completely over to the right and had his front wheels on the grass when the collision occurred. Cornwall swerved his ear to the left and his right hand front wheel struck the front door of the char-a-banc. Had Cornwall swerved to the right he would have missed the bus as witness accelerated in order to avoid the collision. To Constable Owen: Could not account for not seeing Cornwall’s car until the collision.

R. Hornblow, in evidence stated that he was present immediately after the accident and heard Cornwall say that the accident was his fault.

Court was adjourned at this stage while the S.M. visited the scene of the smash. Upon resuming the S.M. said that if Cornwall had reduced speed and kept his eyes open the collision could have been avoided. Cornwall admitted that McDowell was on the intersection first and this would give McDowell the right of way and this being the case he should have exercised more care than the char-a-banc driver. McDowell had kept well over and if Cornwall had had his car in proper control he could have taken the curve to Foxton and passed without difficulty. McDowell was justified in doing what he did and could not be called on to do more. He had given Cornwall ample room and accelerated. The case against McDowell was dismissed and Cornwall was convicted of negligence. The S.M. took into consideration the fact that Cornwall’s car had been damaged and fined him £3 with costs 12/-.