MAGISTRATE'S COURT.

Shannon News, 26 February 1929, Page 3

MAGISTRATE'S COURT.

LORBY feiVER CONVICTED.

Arising out of an accident on Williams's corner on the Tok.omaru Koad on December 24th last, A\ A hen, following a motor lorry and a passenger bus rounding the corner simultaneously and the bus tipping up, allegedly as the result of being forced on to the sloping side of the road, the'driver of the lorry, George Leo McMillan, of Wellington, was charged at the Magistrate's Court at Palmerston North yesterday, before Mr J. L. Stout, iS'.M., with driving his vehicle recklessly. Mr Herbert Taylor, of Wellington, appeared for defendant, while SeniorSergeant Whitchouse prosecuted. Lewis Gold gave evidence that on December 24th he was approaching Williams's corner, driving his motor bus, at a, speed of about 15 miles per hour, when defendant's lorry came round the corner and collided with him. upsetting, the bus. •v» Under cross-examination by Mr Taylor, witness estimated defendant a speed' at about 40 miles an- hour. He first saw defendant's lorry when it was about 100 to 150 yards from the corner. Witness could not have avoided the accident by using his head. His

bus had been upset and * one woman passenger had received two cuts. There had been no alarm amongst the pas-

sengers. Constable Blaikie, who inspected the scene of the accident, said that he took a statement from the driver of the lorry and also tested the brakes, which he found to be satisfactory. Witness detailed the marks he had found, which iseemed to indicate a case of speeding on the part of the motor lorry. He had warned the driver that there would probably be a prosecution. John George Williams, a farmer residing at Tokomaru, detailed that on the morning of the. accident he was waiting for the bus when he saw tho lorry coming "at a great bat." Witness also saw the bus, and accordingly held np Ms left hand to warn the lorry driver to pull up. The driver took no notice and rounded the corner on his wrong side of the road. The lorry and bus had passed close, the latter being forced off the road on to the slope and it upset very gently, as if it had been lowered'over by hand. Before this tirce the bus had almost stopped. It had originally been going at about 15 miles and hour and the • lorry at about 40. William Garner, a passenger in the bus when the mishap occurred, stated that he was no judge of speed, but the motor lorry appeared to be coming at a ''fairly good speed." The bus was travelling moderately and had clone everything possible to avoid the collision. The lorry rounded the corner on the wrong side. For the defendant, Mr Taylor submitted that the evidence did not establish negligence. The defendant, G. L. McMillan, oc Wellington, in evidence stated;that h-3 was doing 18 miles an hour when he rounded the corner. After turning he. slowed down to 14 miles an hour. His load weighed under a ton. He rounded the corner not on Ms wrong side, but on the crown of the road, and immediately pulled to the left. His.lorry V maximum speed was 30 miles per hour. Witness had been driving on that road for seven ycar3 and this was his first accident. He. had passed the bus thinking that everything was alright, but had happened to glance in the mirror attached to the side of the cab and had seen the bus upsetting. He had never told Gold that his brakes were no good. _.. -In convicting accused, His Worship stated that the prosecution relied on two matters—excessive speed and accused driving on his wrong side. Whether or not the lorry was going at the speed alleged by some witnesses, it appeared plain that it was going too fast. It seemed that in taking the - corner in the way in which he did, defendant was not only driving reek- ' lessly, but also in a manner dangerous to the public. Defendant had. not given room for a passenger bus. to pass. His Worship did not suggest that do fendant usually indulged in this practice, but to his observation there too much of the practice of lorries failing to give way to passenger buses and cars. As driving was apparently defendant's livelihood, his license would not be interfered with. A fine of £5, with £3 2s lOd costs and witnesses' expenses was imposed.

DANGEROUS DRIVING. G. A: Evans, a Woodville garage proprietor, was charged with crossing the, intersection of Plimmer Terrace* and Ballanee Street, Shannon, in a manner dangeious to the public. Constable Blaikic gave evidence that defendant. approached the corner at 25 miles an hour and struck and damaged the sil-i-ut policeman. Defendant, who had paid for the damage, was fined £•• with costs 10s.