CYCLIST'S DEATH

New Zealand Herald, Volume LXXV, Issue 22960, 11 February 1938, Page 15

CYCLIST'S DEATH

STRUCK BY MOTOR-CAR i CHARGE AGAINST DRIVER J COMMITTED FOR TRIAL . . J Charged with negligently driving a motor-car on the New North Road on September 22, so as to cause the death of Josiah Flower Carter, a cyclist, and with negligent driving, John Reginald Herring, timber dealer, appeared in the Police Court before Mr. F. K. Hunt, S.M., yesterday. An inquest into the death of the deceased, a labourer, married, aged 38, of 4 Norwood Avenue, Mount Albert, was held at the same time. Mr. Bryce Hart appeared for the accused, Mr. S. A. Cleal for the relatives of the deceased, and Senior-Sergeant Calwell prosecuted. Dr. H. D. M. Hereus said deceased was admitted to the Auckland Hospital on September 22. An X-ray examination showed that his spine was fractured and his spinal column severed. As a result of the spinal injury, he died on January 1. Mrs. Carter said there was a reflector on her husband's cycle and the lamp was in good order. Eye-witness' Evidence

Hans George Adams said he was walking on New North Road about 6.30 p.m. toward St. Luke's Road. Two cars were coming toward him from the city, one about halfway out to the tram lines, and the other, going much faster, overtaking it. Witness then saw a cyclist about 10 yards in front of the slower car, The overtaking car passed on, and the slower car hit the cycle, carrying deceased about 30 yards. Although it was light at the time, the street lights were on. Rain had been falling about a quarter of an hour before. Deceased was wearing a dark suit, and there was no light or reflector on the cycle. The speed of the car which struck him was between 20 and 25 miles an hour. Witness did not see any cars coming from Mount Albert.

Constable Bawden said accused told him he did not see the cyclist, and that he had been blinded by the lights of another car. Constable McCann said he had been unable to find a reflector.

Accused's Statement In a statement, the accused said he was driving north, just past St. Luke's Road, almost on the tram lines, when he felt a bump and saw a dark object in front falling toward the kerb. Pulling up, he found a man unconscious on the road. Accused did not see the deceased until he struck him. The cyclist may have come out of St. Luke's Road.

At the time of the impact, the accused stated, he was not driving fast. Thero was nothing in front of him, but there were several cars coming toward him, and a misty rain was falling, making visibility very bad. His car lights were .burning brightly. Accused pleaded not guilty and was committed to the Supreme Court for trial.

Giving his verdict as coroner, Mr. Hunt found that the cause of deceased's death was injuries received when the deceased was knocked down by a car driven by John Reginald Herring.