Negligent Driving of Car Proven

Manawatu Times, Volume 62, Issue 28, 3 February 1937, Page 6

Negligent Driving of Car Proven

SAWMILLER REMANDED FOR SENTENCE Found guilty of negligently driving a motor vehicle and thereby causing injury, Alfred Henry Martin, of Umatoi, sawmiller, was remanded for sentence till Saturday by the Hon. Mr. Justice Ostler in the Supreme Court at Palmerston North yesterday. Accused was arraigned on a charge that, by negligently driving a car m Fitzherbert avenue, Palmerston North, on the evening of September 19 last, he caused bodily injury to two motorcyclists, John Anthony Bolton and Leonard William Paton-McDonald. The following jury was empanelled: Messrs J. Smith (foreman), S. W. Richardson, J. Craig, E. Dyer, H. J. Free man, F. A. Gibbs, N. P. Hansen, P. Childs, W. A. Sutherland, W. J. Watts, W. O. Young and P. G. Tizard. Mr. H. R. Cooper conducted the case ior the Crown, while Mr. L. G. H. Sinclair appeared for accused. Dr. Cyril King told the Court that he had been summoned to Fitzherbert avenue on the evening of September 19 and had found Bolton and McDonald both seriously injured. McDonald had a compound fracture of the right thigh bone, a fracture of the lcneo cap, a fracture of the right radius above the wrist, and a fracture of the right collarbone. Bolton had a lacerated deeji wound on his left thigh, exposing the bone, a compound fracture of tho right knee cap, wounds round the right knee joint, a wound under his chin, and portion of two upper teeth knocked out. Both were suffering considerably from shock and later that night were of>erated on. McDonald was still a patient in hospital. Owen John Dolan, licensed surveyor, produced plans of the locality. Car Swung Out to Pass Other. John Anthony Bolton, a student at Massey College, said ho had ridden his motor-bicyclo into the city on the evening of September 19, McDonald accompanying him as a passenger on the pillion seat. Later they left the city on their return to Massey College. They proceeded down Fitzherbert avenue, doing about 25 miles an hour. About tho intersection with College street he noticed two cars approaching, ana there was nothing to indicate that the following one would attempt to pass the other. As the motor-cycle approached, tho car behiud swung out without warning. Witness was well on his correct side at tho time. Ho heard a squealing of brakes from the second car, and the next he knew W'as finding uimseif on tho roadside. To Mr. Sinclair: Witness pulled further to his left-hand side of the road when Martin’s car swung out, but the accident happened in a flash. Evidence was given by James Robert Hardie, town clerk, that ho lived in Fitzherbert avenue and on the evening of September 19 last left home for town in his car, Mrs. Hardie and three children being with him. A car overtook him from behind and immediately collided with a motor-cycle coming from town. He estimated that the car from behind was travelling at between 45 and 50 miles an hour, while the motorcycle was going at a very moderate pace. To his Honour: The collision occurred abreast of him. The motor-cycle was well on its correct side, and its light was quite good. The car from be hind was well on its wrong side at the time of the collision. Asked by Mr. Sinclair what he thought an excessive speed, witness said 85 miles an hour would have been excessive under the circumstances. Witness’ own speed at the time was about 20 miies an hour. Berenice Joyce Hardie, a daughter of the last witness, said she had been in the car with her lather. She corroborated that a following car had swung out from behind; she had noticed it a little previously and it seemed to be going pretty fast. “Wholly on Wrong Side.” Constable Goodwin said he had taken measurements after the accident Skid marks showed that accused’s left-hand wheel was 4J yards from the left-hand side of the bitumen, which was eight yards wide. Accused was thus wholly on his wrong side of the road. There were skid marks for five yards prior to the point of impact. Accused smelt strongly of liquor and later accompanied witness to the police station. On tho way he remarked, “Well, constable, it is my fault.” Questioned by Mr. Sinclair, witness said accused had not been charged with having been intoxicated while in cnarge of a car; in witness’ opinion ho had been a borderline case. Constable Ward said accused had made a statement at the police station in which he stated that, after pulling out to pass the car iu front, ho saw a motor-cycle approaching. 110 immediately applied the brakes and tried to return as far as ho could to his correct side, but the other car was in the way. During tho afternoon he had had six porter-gaffs over a period of four hours. This concluded tho case for tho Crown, whereupon Mr Sinclair intimated that ho was not calling evidence. Mr. Cooper did not address the jury. Mr. Sinclair, in his address to the jury, said the case had nothing to do with the question of compensation for the injured youths; that would be dealt with at another time. The defence in this case rested on the fact that Martin had not seen the motor-cyclists until he was right on them and had been con fused by excavation lights on the roadside. It was no offence in itself to go on to the incorrect side of the road to pass another vehicle. When Martin saw the motor-cycle ho took every step he could to avoid a collision. Mr. Hardie had not observed the motorcycle until it was right on him, and counsel pointed out that ho was in a better position than accused to see the machine. Counsel suggested that Mr. Hardie did not have time for an accurate estimate of the speed at which Martin had been travelling; ho had not seen the car until it was abreast of him. Summing up, his Honour said, the