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1939 MarsdenLR 227

GORDON-SMITH
GOPAL RAJARAM – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


JUDGMENT

Gordon-Smith J:

In this case the appellant was charged with contravening s. 25 (i) of the Road Traffic Enactment No. 17/37 in that on 2 February last at 11.15 p.m. at the 22nd mile on the main North Road near Rawang, he drove a motor car in a negligent manner.

The appellant had duly reported at the Rawang Police Station an accident which he said was due to his car skidding, resulting in the car being overturned. He was on his way from Penang to Kuala Lumpur.

In consequence of the report, the police visited the scene but the date and time of such visit was not in evidence. There, at the scene, they found a Ford 8 HP Saloon, P 6119 overturned, partly on the road and partly on what had been the grass verge, but road widening had taken place and the grass had not completely regrown. The wheels of the car were in the air. The road at this point was 17 feet 6 inches in width and there was a bank 7 feet from the edge of the metalled surface of the road, against which the car had apparently bumped. The tyres were in good condition and the surface of the road was level, and between the bank and the road, the ground was muddy in places. At the place where the accident occurred the

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