MAGISTRATE’S COURT.

Taranaki Daily News, 3 November 1922, Page 2

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. WAGGON AND TRAM COLLISION. Mr. A. M. Mowlem, S.M., presided over the usual weekly sitting of the Magistrate’s Court, at New Plymouth, yesterday. As an outcome of the collision between a tramcar and a waggon, driven by Christopher O. Hawke, at Te Henui bridge, on the evening of August 31, Hawke was charged with negligent driving. Mr. R. Day (borough inspector) prosecuted and Mr. W. H. Freeman appeared for the accused, who pleaded not guilty. Evidence was given by Frederick C. Allsop (the motorman) and by Norman Clark, another motorman, who had just handed over the car to Allsop, and who was a passenger in the car when the collision occurred; Their story w*as to the effect that they had not noticed Hawke when he was on the bridge, attention being drawn to him when he started to cross the rails to get on to his correct side of the road. The motorman estimated that he was travelling 10 miles per hour down the Strait ’ don Hill and the trams had to slow down to eight miles per hour to cross the bridge. Clarke said that when -hesaw the accused he had his head down as if he was dozing. When the collision occurred the accused was thrown out of his waggon and sustained injuries to his head, necessitating medical attention. Allsop added that he saw no lights on the waggon, while Clarke said that the working gear of the car was in proper order when he handed it over.

The accused stated that he saw the car when it was on the top of the Strandon Hill and he considered he had ample time in which to cross to his correct side of the road again after crossing the bridge. Ho had no recollection of any of the events which hhd happened after the impact occurred—his memory was a blank. He considered the collision w due to the excessive speed with which the tram came down the hill. Mr. Mowlem held that on the evidence the defendant must be convicted. He had admitted seeing the car and knew it was coming down the hill, but it was not a case for a penalty. A conviction was entered, no application being made for costs. BREACH OF PROHIBITION ORDER. John Joseph Larkin was convicted and fined £2 for breaches of a prohibition order in force against him. CIVIL LIST. Judgment by defaut was given for plaintiffs in the following undefended cases: Burgess, Fraser and Co., Ltd. v. George Pulford. £l9 17s 7d. costs £2 14s; Ann Boulton v. Ellen Kinsella, £1 19s lid, costs Bs. JUDGMENT SUMMONS. An order was made against R. Baillie for the payment to R. Staines and Son on a judgment summons of the sum of £5 5s 6d forthwith, in default 6 days’ imprisonment, the warrant to be suspended if the debtor pays £3 in reduction of the debt by November 16 and the balance by November 30. Costs amounting to 15s 6d were, allowed.