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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