ACCIDENT SEQUEL

Waikato Times, Volume 119, Issue 19882, 11 May 1936, Page 8

ACCIDENT SEQUEL

MOTORIST IN COURT. YOUNG WOMAN INJURED. ’ MAGISTRATE IBIPOSES FINE. A plea of not guilty was entered by Alexander Stapleton t'irigz. baker. of Hamilton tl\lr J, F Strang} when he appeared before Mr J, G. L. Hewitt, SAL. in the. Magistrate‘s Court. Ham—ilton, to-day charged with. the negli—gent driving of a motor—car in Ross—trevor Street on November 25, of last. year. The prosecution was a sequel to a collision which occurred between defendant‘s car and a cyclist, MISS Ina Helen Hayward, who received severe internal injuries as the result. A statement read from Miss Hayward who said that she remembered crossing the intersection of Victoria Street along Rosstrevor Street in company with her brother. The lights of defendant‘s car seemed a long distance away. and when she entered Rosstrevor Street from the crossing she \\'as well on her correct side of the road.

Leo EdgarAnzac Hayward, storeman. stated that with his sister he had crossed the intersection on the correct side, witness riding slightly ahead of his sister. who was on the inside. Shortly after entering Rosstrevor Street his sister had been struck by Grigg‘s car. \Vitness said he had heard no horn sounded, and, after seeing the lights of the. car. they had allowed ample room for it to pass. rl'he car had passed over his sister who received serious injuries which had resulted in her admission to the “‘3l- - Hospital, where she was still a patient. Eyo-wnnon' Story. To Mr Strang, witness said that he was aware of the car approaching. It had been raining and the bitumen was glistering but the corner was well lighted. The car had apparently turned the corner on its correct side and he had no knowledge of his sister‘s changing her direction to the left. After the impact the car had pulled up within its own length. A commercial traveller, Alfred Cecil Anderson, of Frankton, said he was travelling by car from Frankton to Victoria. Street, via Bosstrevor Street, at the time of the accident. lie saw the cyclists approaching, Miss Hayiward ibeing about six feet from the ‘kerb and her brother three feet to the tright of her. Visibility was good when idet‘endant‘s car negotiated the corner very sharply, whipping into ire left and colliding with Miss Haywa 'd. .-\t ithe speed defendant was travelling he .did not have space to pull up, but in iwitness’ opinion there was ample room for him to pass the cyclists. ‘ A statement made by defendant was ‘read by Constable R. Gibbison, in iwhich he aflirmed that the cyclists when only a few yards in front 0! the car had veered acroes its path. Miss Hayward was travelling on the outside. Constable J. Mills gave details oi.’ measurements taken at the scene of the accident, adding that visibility was poor throughout the evening. There was nothing to suggest the car was being driver at an expressive speed or it‘hat it was on its incorrect side. i } Submissions by Council. ‘ Mr Strang questioned whether a prima facie case of negligence had been made out as there was no sugigestion of the car speeding or of ‘travelling on ‘the incorrect. side. He doubted whether the weight of evidence indicated that defendant lhad not been keeping a vigilant lookout. "There seems no reason why de‘tendant should not have seen the cyclists at an earlier stage," observed the magistrate in imposing a fine of £1 with 105 in costs.