COURT NEWS

Opotiki News, Volume I, Issue 65, 3 August 1938, Page 3

COURT NEWS

TRAFFIC OFFENCES I \, t ' COLLISION WITH CATTLE' The monthly sitting of the Opotiki. Magistrate's Court was lie Id yesterday, before the stipendiary magistrate, Mr E. L. Walton. Edward Delamere was charged with negligently driving a car on the Opo-tiki-Torere road on July. IC. Sergeant J. Isbister prosecuted at id said that on tho day in question the defendant, at about 5.30 a.m. was driving along the road at Tirohanga towards Opotiki. Defendant drove at between 30 and 40 miles an hour into ft hunch of cattle being taken along the road by a drover. The ear was badly damaged but strange to say, none of * tho cattle was badly injured. The- defendant said he did hot see the mob until he was only about eleven yards away, owing to frost on the windscreen of the car. Defendant was convicted ayil fined £2 and costs. . SEQUEL TO COLLISION "William John -Clives, commercial traveller, was proceeded against by the police on a charge of, at Waiotahi, attempting to pass a stationary vehicle when the road was not clear. Mr Hodgson appeared for tho defendant and entered a technical plea of guilty. Defendant was further charged that on the same date lie did not have ft warrant of fitness for his car. Air Hodgson entered a plea of guilty.

Sergeant Isbister conducted tho case on behalf of the police and stated that on Dtii. July at about 5 p.m. defendant- was returning Horn Auckland to Opotiki. Wlicii passing through the Waiokahi, a car m front stopped on the correct side of the road and defendant pulled out to. pass, and saw a motor-cycle approaching. He accelerated and attempted to pass the stationary car before the motor-cycle got past. The handle-bar of the motorcycle hit, the car and the motor-cyclist and’ a passenger were thrown into a ditch. The rider of the motor-cycle received injuries and was noiw in the Cook hospital. He (the sergeant) went out- to Waiotahi about a hour after the accident and the track of tho motor-cycle was well defined and showed that the motor-cyclist had got as far as possible to Jiis correct side of the road. The accident took .place on a slight curve. The driver of the car could see 10!) vards away.

Air Hodgson said lie could not quite agree with the sergeant’s verdict. The curve was quite a wide one anil it was unfortunate the way the vehicles were placed. When the ear driver had a view of the bend the motor-cycle had not yet come round the bend. When defendant was behind the other ear the motor-cycle came round the bend. The ear driver had too alternatives. One was to try and stop which would have meant lie would have, blocked the rood and a head-on collision would have resulted. The* other was to try and get past thi' stationary car. He would haA'e succeeded hail the motorcyclist -pulled up a hit and as it was he only missed getting past by about an, inch. When defendant' asked the motor-cyclist ivliy lie hadn’t slowed down he replied that- he hail the right ot' way.

Defendant, was lined 10s anil costs on each charge.

CHARGE OF SPEEDING A taxi-driver, L. Dennett, was proceeded against by the Highways inspector, Air Delves, and charged with driving along St. John Street at a speed greater than JO m.p.h. Inspector Delves said lie saw the taxi being driven along Church Street- and ho followed it into St. John Street and to the borough boundary. The. speed was forty miles ah. hour.

Defendant was convicted and fined Cl and costs.