At Millom police Court on Saturday, Henry PICKTHALL, motor driver, of 141, Ennerdale Road, Cleator Moor, appeared on a charge of driving a motor car without due care and attention at Broad Oak, Waberthwaite, at 4-30 p.m. on the 23rd March last.
    William LEECE, farmer, of Dyke Croft, Waberthwaite, gave evidence that he was driving a flock of 66 Herdwick sheep down Broad Oak Hill, and defendant's lorry, following down the hill, ran into the flock, killing nine of the sheep, another being so severely injured that it had to be slaughtered. He valued the ten dead sheep at £20. Defendant, he said, was not driving at a high speed when he struck the sheep, but just trailed a way through them.
    Daniel PRITT, motor driver, Hill Gate, Waberthwaite, said he was standing the the middle of the Hill road. He signalled the defendant by moving his hand, and defendant "steadied up," but went through the flock of sheep. Defendant's speed would be about 15 miles per hour, and he was driving reasonably, but, in the opinion of the witness, should have been able to pull up if he had seen his signal.
    William Benjamin PRITT gave supporting evidence, but stated in reply to Mr. SUMNER (defendant's solicitor) that where the accident occurred was absolutely the worst place on the hill in regards to seeing.
    P. C. FISHWICK, Ravenglass, gave evidence as to measuring the road and said the driver of the vehicle would have a clear view of 140 yards ahead.
    Defendant, in the witness box, said he was driving a 15 cwt lorry from the direction of Bootle towards Whitehaven and was conveying four cows and some implements. His speed would be about 12 miles per hour. He only found he could not pull up when a few yards from the sheep. He was not on the grass verge, 90 yards away.
    James CAMPBELL, Todholes, Cleator Moor supported the defendant;s evidence. He first saw the sheep when about 30 yards away from them.
    John Robert POLLY, motor engineer, Frizington, said he examined the brakes of the lorry at Cleator Moor, after he had been told of the accident. He found that the rear axle had been over oiled, with the result that the surplus of the oil had worked it's way onto the brakes, reducing their efficiency.
    Defendant was fined £5 and costs.