ON WRONG SIDE

Waikato Times, Volume 122, Issue 20506, 24 May 1938, Page 8

ON WRONG SIDE

LORRY COLLECTING CREAM “ACTION NOT JUSTIFIED” MAGISTRATE RESERVES DECISION The justification for a motor lorry travelling to its wrong side of the road in order to pick up cream cane was discussed in the Magistrate’s Court, Hamilton, this morning when a civil claim, in which Henry Ceslas Rowe, farmer, of Ohinewai (Mr W. J. King) claimed £25 general damages and £l6 special damages from W. A. Postlewaight, carrier, of Tauplri, (Mr A. L. Tompkins', was heard before Mr S. L. Paterson, S.M. The claim was the outcome of an accident In thd Rangiriri district on December 22, when plaintiff struck the rear of defendants lorry, which had gone to its Incorrect side to collect some cans of cream. Plaintiff stated that on December 22 he was riding his motor-cycle in the vicinity of Rangiriri when the accident occurred. He had his machine under complete control when he approached a left-hand bend at 25 miles per hour and saw defendant’s motorlorry in a dangerous position at the apex of the bend. Plaintiff could have stopped hut did not on account of loose metal. There was a danger that he would have? skidded into the front of the lorry, so he endeavoured to hear over as far as possible towards the side of the road to avoid defendant's vehicle. However, as defendant pulled away from the cream stand towards his correct side witness struck the rear of the lorry.

Plaintiff li

As a result of the accident plaintiff had to receive treatment from the Waikato Hospital and had been unable to work on his farm for about three weeks. He had to employ labour owing to his Incapacity and also to pay for repairs to his cycle.

“ In no circumstances Is a cream lorry justified in breaking the law by going to its Incorrect side," commented Mr Paterson. “ I would suggest that there is some Justification and I intend to make a submission t</ that effect,” replied Mr Tompkins. “ I say definitely that a lorry is not justified in travelling on its incorrect side," replied Mr Paterson. Evidence of having attended Rows was given by Dr. G..W. Gower, of Hamilton, and an account of the positions of the vehicles after the accident was given by Robert George East, a neighbouring farmer. The driver of the lorry, John Thomas Carter, of Frankton, said he made the collection of cream at the usual time. He pulled over to his wrong side and saw Rowe coming round the corner at about 40 miles per hour. Witness immediately swung over to his correct side and the motor-cyclist carried on and struck the end of the lorry. It was impracticable to carry the cream cans across the road as they were too heavy. Backing the lorry round in the road would also be a dangerous practice. Witness thought that if Rowe had applied his brakes in time the accident could have been avoided. The magistrate reserved his decision. RECORD FRUIT SEASON HAWKE’S BAY PRODUCTION OVER 300,000 CASES EXPORTED (By TelejrraDh.—Press Association) HASTINGS, Tuesday lecord figures were established for the Hawke's Bay export fruit season which closed yesterday. The total output for export was 348,035 cases, comprising 302,458 apples and 45,577 pears. This is the first occasion in the history of the province that the apple quota has exceeded the 300,000 mark, the increased popularity of Coxs and Granny Smiths being mainly responsible. The pear crop is little above the average on account of the early frosts and black spot. The season s total crop for export and local marketing is estimated at close on 1,000,000.