COURT NEWS

Opotiki News, Volume II, Issue 256, 8 November 1939, Page 2

COURT NEWS

LIQUOR OFFENCES ACCIDENT . CLAIM The monthly sitting of the Opotiki. Police Court was held yesterday before Air. W. H. Freeman, S.M.. of Hamilton. The Inspector of Factories proceeded against Clement Black and a judgement for £3O was entered by consent. K. Lawson was charged with breaking a liquor order on 9th. August, having a number of previous convictions for the same offence. A fine of £'t

was imposed. Ten men were charged with being oil licensed promises after hours. Sergeant J. Isbister said that at 8.15 on 2nd September he was passing the Opotiki Hotel when he saw a man. leaving carrying ■ two bottles of beer. He took the man hack and found nine other men in the bar. Mr. Hodgson, who defended-one.,of the men said that it was the first time his client had been in an hotel after hours. The Magistrate: “You mean it’s thefirst time he has heen caught.” Each of the men was fined £1 with, costs. John Matthews, who was charged with supplying liquor after hours was fined £4 and costs, and T. TV. Hendry, who was charged with selling liquor, was 'fined £T and costs.. Three more men who faced charges of being on licensed premises after hours, pleaded guilty to the charge. Constable Cooper stated that at 10.45 lie found three men on the premises ol: the Masonic Hotel. The men stated that they had heen refused. Each was lim’d £1 and costs. The inspector of Factories proceeded against O. . Black for failing to pay wages to H. CrosswoJJ. The Inspectorstated that only £8 had been paid whereas it was claimed/ that £-10 should have been paid. Mr. Bunkall, who represented defendant outlined the circumstances of the case. The magistrate said that he considered the non-payment of wages a serious matter and fined defendant- £3 and costs.

COLLISION ON COAST ROAD FAR AI EJ l CL AIAIS DAALA GES Damages to his car and tor loss ol time wore claimed by Richard Black (Air. E. A. Bunkall) against L. AI. Bell (Mr. N. V. Hodgson) at the silting of the Court yesterday.

R, Black, farmer at Waiotahi. who was the plaintiff in the claim, stated that the collision took place in August. 1938, when witness was driving his Dodge ear containing 5 passengers on. the Coast road coining towards Opotiki. About 28 or 29 miles from Opotiki witness had a collision near the Motu Bridge. Plaintiff was travelling uphill in top gear at between 15 and 20 m.p. h. on a hillside read, with the Hank on his left and was turning to the left. Witness was about a loot from the batter when lie saw defendant’s taxi no more than 20 to 25 ft. away. Witness claimed that defendant was coming down on the inside of the road hugging the bank. He came straight on and gave wav, but co-uld not get far-enough out. The front wheels and mud-guard hit. Witness stopped practically where he was bit, with his ear hard up against the rock, and the two cars locked together. The taxi hacked away and continued its journey. A third car could pass outside the taxi and the edge of the road when the ear.s were stationary.. Witness came on to Opotiki by another taxi. stated that only one side wlteel made a. brake mark. The taxi gave no warning of approach. At the point where witness first saw the taxi there was plenty of room for the taxi to operate. Cress-examined by Mr. Hodgson, witness said that his ear was a secondhand! old type with a fairly high top. The car was viewed from the Court Room window. On the right there was a sheer drop to the river with practically no growth. The average wnlth of the road was- from 14 to 18ft. 'l'he only measurement witness .remembered was that the skid mark of the taxi was 25 ft. long. Mr. Hodgson suggested that the road where the collision occurred wasnot 11 ft- wide, but witness said he was sure it was more than that. denied that Poccock had asked him why he did not blow his horn. The next witness for plaintiff was Kba Parkinson who stated that lie had been employed permantly on the .East Co'.Hst- roatil as surfaceman a little over

live years. his sector of the road was allotted to him, He rememboxed tin; collision anti when lie arrived on the scene Mr. Black’s car was hard up against the hank with tlie hack' wheels IB inches, to 2 feet from the hank. He noticed the taxi wheel marks, only one of the hack wheels gripping properly. There was room for the taxi to negotiate and there was plenty of room outside the taxi. Witness measured 5 l't. of road that could have been used and. another J i it. that was doubtful. The .witness stated that lie was a car driver and had met and passed JJrakels car oil the same bend. Witness said that tho width of the road -must have been 18 ft. It was a had bond if not negotiated properly. At this stage the Court adjourned for luncheon. . Upon. resumption, Mr. Hodgson"-said that in view of evidence given by tho last witness, it was clear to him that no could not proceed with the defence. Mr. Runkall asked for judgement for £22 and costs. Judgement was given by consent.