CYCLIST'S DEATH

Auckland Star, Volume LXXII, Issue 170, 21 July 1941, Page 8

CYCLIST'S DEATH

FARMER ON TRIAL

NEGLIGENT DRIVING ALLEGED

Negligent driving causing death was alleged against David Thomas Clotworthy, farmer, of Ardmore, Papakura, before Mr. Justice Fair and a jury in the Supreme Court to-day. The charge followed an accident at the junction of the Great South Road and Subway Rjad at 2 p.m. last Christmas Eve as a result of which an elderly cyclist, Henry Douglas Fraser, single, met his death. Mr. G. S. R. Meredith represented the Crown, and Mr. V\ est appeared for the accused, who was wearing uniform.

Addressing the Court, Mr. Meredith said the evidence would show that owing to accused's failure to keep a good lookout, and other forms of negligence, he had collided with the cyclist and caused such serious injuries to him that he had died subsequently.

It had been raining all the mornr lslbll^, y was S° od at the time of the accident. The car went off the road as the result of the impact. Death was due to a fracture of the skull and neck. Two railwaymen on their way to work were witnesses of the accident, said Mr. Merest 11 - and saw Fraser thrown into the

In a statement to the police, quoted u P rosecutor . accused stated thl n .£ ar s \ lbwa - v Road he saw the cyclist, then about 50 yards awav He was coming out of Subway Road and rode to the centre of the Great South Road. Accused said he made every endeavour to avoid him by turning to the right, but was unsuccessful owing to the manoeuv the C3'dist. (Proceeding.)