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Taunton Courier and Western Advertiser. Bristol and Exeter Journal and Western Advertiser. Wednesday 23 Aug 1933
Page 3 Column 7
ROADMAN'S INJURY.
CARELESS DRIVING CHARGE.
LORRY DRIVERS' “RIVALRY.”
It was alleged at Taunton Borough Police-court on Wednesday that a street accident in which an elderly roadman was knocked down and sustained a fractured shoulder was the result of rivalry between two lorry drivers. This suggestion was made by Mr. R. W. YOUNG (Messrs. Alms & Young), defending Ernest COLES, lorry driver, of 47, Wood-street, Taunton, who was charged with driving without due care and attention in North-street, Taunton, on August 2nd. The other driver concerned in the case, Alfred James MANUEL, haulier, of Providence-place, High-street, Taunton, was a witness for the police.
After a lengthy hearing the magistrates held that the case had ben proved. - COLES was fined 10s and ordered to pay £1 13s 6d costs.
INJURED ROADMAN'S STORY.
The first witness was the injured man, John LINES, 64, Musgrove-road, Taunton, a roadman in the employ of the Taunton Town Council. He stated that at 7.40 a.m. on Wednesday, August 2nd, he was sweeping the gutter in the roadway opposite Messrs. W. & A. CHAPMAN's stores in North-street. Suddenly he felt a bump, and was thrown to the ground, sustaining a fractured shoulder and a cut on the elbow, and, as he fell, he saw a lorry go on towards the Parade.
Sup. FRY: Did the lorry stop? - No, sir.
Magistrates' Clerk: The lorry was on the wrong side of the road? - Yes, sir.
MANUEL said that he was conveying a load of coal from the railway station to the Gas Works, and, on his way, he noticed in his driving mirror that another lorry was following him. When at the weigh-bridge at the Gas Works he heard the foreman of the scavenging department say that the lorry which had followed him had knocked down a man. Witness said that when passing St. James'-street he kept on the proper side of the white line and his speed was between 15 and 20 miles an hour. - Cross-examined by Mr. YOUNG, the witness said that he did not see LINES sweeping in the gutter. He denied that when he saw defendant's lorry behind him he pulled over to his wrong side of the road so that it could not pass.
Mr. YOUNG: Isn't it a matter of great advantage to you to get to the Gas Works first? - I don't see it.
It you got there first you wouldn't have to wait while the other lorries unloaded? - There is that attached to it.
I suggest that you pulled over to the wrong side of COLES and in front of him so that his lorry could not pass? - No.
You realise that his is a faster vehicle than yours? - Yes.
Howard Walter ROBERTS, 5, New-road, Trull, an employee at the Cadena Cafe, stated that he saw the two lorries by St. James'-street. The front lorry was on the crown of the road, and the second one was nearer its wrong side. When the second lorry hit the roadman witness was of the opinion that there was nothing to obscure the view of the driver with regard to the positionof the roadman.
In cross-examination by Mr. YOUNG the witness agreed agreed <sic> that it was the rear part of the lorry which knocked the man down, and he did not think the driver was aware that there had been an accident. He thought that the driver of the rear lorry was trying to “cut in” in front of the orther lorry, but there was not enough room, as part of the front lorry was on the wrong side of the road.
Mr. YOUNG: Then the driver of the front lorry must have pulled across to his wrong side of the road? - Yes.
PASSED AT THE WHITE LINE.
Mrs. Clara RADFORD, 2, Yarde-place, Taunton, said that she noticed when walking across the Bridge that the first lorry was on its proper side and that it was travelling at a moderate pace. The second lorry pulled out to pass, and, at the white line by St. James'-street, the two lorries were abreast. The second lorry was only 18 inches from the wrong side of the road, and it swayed as it rounded the bend.
Miss Ethel May ELLIS, 26, Greenway-terrace, who was walking with Mrs. RADFORD, gave similar evidence.
Albert Edward MANLEY, 26, Wood-street, Taunton, an employee at Moor's Corner House Cafe, expressed the opinion that the drivers of both lorries were travelling too fast for their load. In cross-examination, the witness agreed that the first lorry pulled over to its wrong side after it had passed the corner.
P.C. BENNETT read the starement made by defendant, who said he was employed by Mr. F. HARTNELL, of Priory-avenue. COLES said he sound his horn and tried to pass the lorry driven by MANUEL, but the latter would not give way until they reached St. James'-street, “I then tried to pass him, and, with the same, he swerved his lorry to the off-side of the road. I applied by brakes and swerved in behind him. I did not know I had hit anyone down.”
This concluded the evidence for the prosecution.
COLES then went into the witness-box and gave his version of the affair. He stated that he left the station yard before MANUEL, but stopped on the way to pick up a passenger. At St. James'-street he made up his mind to overtake the other lorry, having seen that the road ahead was clear. As he was about to overtake MANUEL the front lorry swerved across and this threw witness's vehicle over to the gutter on the wrong side. MANUEL “zig-zagged with his front wheel” and witness had to slow down and let him go on ahead.
Cross-examined by Supt. FRY, COLES agreed that he went to the wrong side of the white line, but declared that he did not do so until he saw that the road was clear.
COMPLAINTS OF OBSTRUCTION.
Sup. FRY: Have you ever had any trouble before with MANUEL or anyone else? - I have had occasion to speak to MANUEL about stopping me, and I have made complaints about the obstruction to my employer.
What is the benefit of getting to the Gas Works first? - It is an advantage, because you have not to wait about. If there are five or six lories there it sometimes means waiting for half-an-hour. The first man can get away for a second load before some of the others have left.
Fredk. CORNISH, an employee at the Gas Works, said he was with COLES in the lorry on the way to the Gas Works. COLES did not accelerate suddenly, but was gradually over-taking the front lorry all the time.
In his address to the magistrates, Mr. YOUNG submitted that the mishap was the result of MANUEL's action in swerving to the wrong side of the road, and furter argued that COLES had showed no lack of care in overtaking on the white line, as the road was free of other traffic at the time.
As previously stated, the magistrates, after considering the case for some time in private, decided to convict. Sitting on the Bench were the Mayor (Councillor G. H. STAINER), Miss M. I.(?) UPTON, Councillors W. E. MAYNARD and F. W. PRITCHETT BROWN, and Mr. R. B. QUICK.