ORDERED FROM BOX

Rotorua Morning Post, Volume 2, Issue 544, 30 May 1933, Page 6

ORDERED FROM BOX

DRIVER CHARGED magistrate refused to , hear further evidence LICENSE ENDORSED ^ . Ordering the defendant from the 'box and refusing to credit his evi'dence in confiict with that of the Public Worlcs engineer and the traffic in- > spector, Mr. S. L. Paterson, S.M., en- j dorsed tFe license of a lorry driver • as the result of a eollision on the Te , Whaiti Road in which F. G. W. Postle- 3 waite, driving a timber lorry and F. L. Park, Public Works district engineer, were involved. Mr. E. Roe for the informant said that the case was the sequel to a eollision at the 51-mile peg between a car -driven by Mr. F. L. Park, Public Works district engineer, and Po- j stlewaite, a driver for Wilson's Mills. It was claimed that Postlewaite cut the corner. i Frank Leslie Park, Public Works j district engineer, Rotorua, said that on April 5 he left Ruatahuna with Mr. Abraham and Sister Annie at 1.30 and at 3.20 had arrived at the point of impact. An average speed of 13.75 miles per hour. He was not travelling faster than 20 miles per hour. At the corner where the eollision took place there were steep grades of 1 in 11, 1 .in 17, 1 in 22, and 1 in 24. He produced a plan of the road showing the point of impact. He was travelling on his correct side prior to the impact and on a sharp curve with visibility of 45 feet. "On Wrong Side" He saw the lorry 35 feet away and Postlewaite made no effort to get on his proper side. It would be only half a second from the time witness saw him until he was struck. Witness' wheel was no further than 1 foot from the bank and probably not more than six inches. Witness then produced a plan of the tracks at the point of impact. Witness took measuvements after the eollision showing Postlewaite's outside tracks as 9 feet 7 inches from the bank.

Constable Macpherson came along and checked these measurements and made it 10 feet. This left witness, at the most, 3feet 6 inches to get through between him and the bank. Witness grabbed the brakes, but his car was thrown back 12 feet and its wheels were embedded in the clay bank. The road was 24 feet wide at the point of impact. Had defendant been on his correct side, no accident would have occurred. Later twice defendant said: "You know I haven't a leg to stand on. For God's sake keep it out of court. I'm done," and offered £5 towards the damage. .. Road Quite Safe Later, the manager of the company came to witness in connection with Postlewaite's driving. Witness had driven over the road for 12 years and had been in charge of it. The road was quite safe if reasonable driving was used. To Mr. Potter: Witness did not flag the curve as dangerous, but the men who were moving the slips may have put them there. He himself put up a white flag to prevent people bumping into his car. The visibility on the curve was 45 feet. It was not correct that a slip encroaehed on the road. Witness had surveyed the spot and prepared the plan two days afterwards. In it the «lips were marked and their position as shown was correct. He was used to estimating time in fifths of seconds and was positive that Postlewaite was from 30 to 35 feet away when he came into sight. The side of the road where Postlewaite could have gone was not dangerous and was quite compact enough to drive on. Witness did not hear any horn and had been continuously blowing his own, but could not swear that he had done so at that particular corner. Most of the time witness was in second gear. Witness had verified all his measurements and all his data by scientifie means. Passenger's Evidence William Bartlett Abraham, postal official, a passenger in the car gave evidence that Park was on his correct side and that his driving all through was reasonable. Witness had driven a motor cycle and sidecar. Witness heard Park mutter some exclamation, looked up and saw the lorry 20 feet away and on its wrong side though edging* outwards. Witness saw there was no chance of avoiding a eollision so he ducked. There was a terrific crash and when he looked up he saw that the car had been pushed back. Had the lorry been on its "correct side no eollision faould have taken place. Postlewaite, in answer tu Park's query as to why he was on lii.s wrong side, said that Park came xound the carner so fast that he could not get out of the way. To Mr. Potter: Postlewaite accused Park of coming round the corner too fast, but Park denied this. There was some talk about blowing of horns, but witness could not remember what was said. Park had ' no chanee of avoiding the accident. Six--ty feet from the point of impac. Park had to come out three feet to avoid a step, but his tracks showec. that he had at once gone back to tho left side of, the road. l'nspector Ford deposed as to his interviews with Postlewaite. Postlewaite denied offering Park £5 except that Park was very upset and Postlewaite felt sorry for him. Postlewaite gave him the impression that he felt sorry for Park and wanted to give him a g-ratuity. His inspection of the spot gave him the impression that had Postlewaite been on his right side the eollision would not have taken place. For them not to see. one another in time to avoid a eollision Park must have been hard in on his left and Postlewaite hard in on his right or incorrect side. Cross-examined by Mr. Potter: The impression Postlewaite gave was that Park was in the wrong and that as he was sorry for Park he would help him to th'e ex.tent of £5. This cohcluded the plaintiff's case. Case for Defence Mh. Potter said that Postlewaite claimed that he was on his correct side as ffaras-posible and had done ' everything posible to avoid the eol--lision. , • Francis William George Postlec

w te, lorry driver for Wilson's Timb.r Mills, gave evidence that he was rc turning to Te Whaiti with an empty lorry with some people aboard. The road at the 51-mile peg was a oneway road and the only good driving surfaCe of the road was 10 feet wide. The bench: Do you state that the plan which shows 17 feet of metal and seven feet of pumice, and clay is deliberately false? Witness, continuing, said that he was travelling around the corner at from 8 to 10 miles per hour when Park came careering round the corner and crashed into him. He saw Paik 50 feet away. He then steadied dov/n to a stop. The bench: Why didn't you swing oul? Witness: I considered the road too dangerous. The bench: IIow far were you ficm the inside? Witness: Five feet. The bench: That's enough. I dcr.'t want to hear any more. Have you a license? Witness: Yes. The bench: Then hand it into court. Mr. Potter: Is that all Your Worship? The bench: Well, here's a Public Works engineer, a man of standing, makes a plan and shows the road 24 feet wide and the defendant admits ho was only 5 feet from the bank. It is dangerous driving, highly dangerous driving. - Mr. Potter : I can only know what I am instructed, your worship. I knew nothing about this until the court sat. The bench: Quite so. The defendant will be convicted and fined £1 " ard costs and his license will be endotsed, He-can get it back from the licensing, anthority.