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PERERA v. FERNANDO


Perera V. Fernando

 

    1937  Present: Soertsz J
.
PERERA v. FERNANDO
.
95-P. C. Negombo, 16,402


Motor car-Halting car by the side of road-No obstruction-Obstruction likely owing to narrow road-No offence-Ordinance No. 20 of 1927, s. 52 (1).

Where a person halts his car on the left edge of a road in such a position that it does not obstruct traffic the mere fact that obstruction is likely to be caused in consequence of the road being narrow does not render him liable under section 52 (1) of the Motor Car Ordinance.

Where a car which is not in motion is placed either (a) as close to the side of the road as possible or (b) in such position as may be indicated by an officer, or (c) in such position as indicated by a properly exhibited notice, a driver acts within the law unless in placing the car by the edge of the road or in the position indicated he places it in such a position as to obstruct traffic or as to be likely to obstruct traffic.

APPEAL from a conviction by the Police Magistrate of Negombo.

J. R. Jayawardene, for accused, appellant.

D. Jansze, C.C., for complainant, respondent.


Cur. adv. vult.

 May 14, 1937. SOERTSZ J.-

This appeal is concer






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