BUS COLLISION

Rotorua Morning Post, Volume 1, Issue 208, 27 April 1932, Page 6

BUS COLLISION

- driver CONVICTED BOROUGH. PROSECUTION FOLLOWS STREET ACCIDENT. "RESULT pF COMPETITION." A eollision in Froude St., Whakarewarewa on March 16, between oue of the Rotorua Bus Company's regular passenger buses and another bus dr'ven by Leslie Andrews, of Rotorua, had i'ts outcome in the Rotorua Magistrate's Court yesterday morning, when the Rotorua Borough Couneil brought a prosecution against Andrews for dangerous driving. After hearing evidence, the magistrate (Mr. S. L. Paterson, S.M.) expressed th.; opinion that while Andrews must be convicted, both drivers were blameworthy. Mr. J. D. Davys appeared for the borough, and the difendant condueteo his own case. Sidney Sniith, secretary to the Rotorua Bus Cornpany, stated that" on March 16 he had been driving one of the company's buses from Whaka He had picked up one passenger, Mrs. Weir, at the corner of Froude St., and as he had proeeeded along Froude St. he had noticed a car approaching from the direct on of Whaka Road. As th;y were about to pass he had seen the car suddenly swerve and had felt something strike his machine. Turning round he had observed defendant's bus at the rear. He had pulled his own bus off the road to save damage — had he not done so there would have been the possibility of an accident. This sort of thing on the part of defendant had gone on for some t'me and might lead to serious trouble. "Bad Staif Work." In reply to his Worship, the witness said that the two buses were timed to leave Whaka at the same time. The magistrate expressed the opinion that this was bad staff work on the part of the licensing authority. It was only look'ng for trouble. The witness stated that he had reported the matter to the borough trafhc inspector, and in cornpany with this officer had later examined the horn on defendant's vehicle. In his opinion, the horn was in such a condit on that it could not have been heard if it had been sounded. He had heard no sound of a horn. In reply to the mag'strate, the witness said that he had a rear vision mirror in his bus as he had been watching the car approaching from the other direetion he had not observed the other bus at the rear of his machine. A passenger in the bus, Mrs. Weir corroborated the driver's evidence, rlthough she said that she had not seer. the other car approaching, as she was changing places w'th her small sea, who was. with her. Defendant's Case. The defendant, Leslie Andrews, said that Smith stopped right on tn£ corner of Froude St. to pick up a passenger. He had been just about to pass Smith as he moved off and had sounded his horn as a warning. He had seen the driver in the bus n front look at his rear mirror and had also perceived that Smith did rui intend to allow him to pass if he could help it. There were some in- ; tending passengers on the corner of Whaka Road and it appeared to waness that Sm'th wished to make ii appear that witness was cutting ii; to reach these people. In reply to Mr. Davys, the witne u admitted that the other car was approaching at a fairly fast speed. Aaked what speed he would have had ti do to pass Smith, defendant salc' about 25 m.p.h. lie stated that hc would not answer either way wher asked whether he thought it was tlit act of a careful driver to attempt this speed to pass another veh'cle when a third one was approaching. ' The magistrate said that on th-: 1 evidence it appeared to him that the " defendant had been guilty of driving in a dangerous manner. At the same time, however, he considered that Smith was not blameless. The whole thing arose out of the compet'tion • between the two transport interests, ; and Smith should have seen defendant approaching from the rear. Smith ■ should have pulled further off the - road, but on the other hand, Andrews should not have attempted to pas ; him as he did. Defendant would b - convicted and ordered to pay costs » Mr. Davys asked whether the court would make an ordir for witnesses' - expenses, but the magistrate said that ; the borough could pay these, as it appeared to have discrim'nated between the two parties. Both should have been prosecuted.