FITZGERALD AVENUE LANES

Press, Volume LXXXVI, Issue 26039, 16 February 1950, Page 3

FITZGERALD AVENUE LANES

“TWO SEPARATE STREETS” “I am satisfied that defendant approached the intersection carefully and slowly and keeping a good look 1 out. He was confronted with a situation in which he mistakenly thought he had the right to proceed. He was able to stop promptly and the collision was a minor one. But he committed a breach. In the circumstances he will be convicted without penalty,” said • Mr Raymond Ferner, S.M.. in a reserved decision on a charge against I Archibald McKay (Mr E. B. E. Taylor) of failing to give way to a motorcycle on his right when approaching the uncontrolled intersection of Fitzgerald avenue and Worcester street. The motor-cyclist was riding in a northerly direction along the western traffic lane in Fitzgerald avenue, said the Magistrate. When he approached the intersection of Worcester street he slowed down, extended his right arm and proceeded to turn right into Worcester street with the intention of proceeding along Worcester street m an easterly direction. As he rode oyer the intersection of .the eastern traffic lane in Fitzgerald avenue he came into slight collision with a car which was being driven by defendant along the eastern traffic lane, of Fitzgerald avenue in a southerly direction and which was crossing over the Worcester street intersection. The two lanes of Fitzgerald avenue must be regarded as two streets, eacn with its intersection at Worcester street, the Magistrate said. “This appears to conclude the matter and it follows that when the motor-cyclist proceeded east between the plantation and then through the east intersection he had left the intersection in which he had turned ana for the purposes of the rule of the road was proceeding along Worcester street and approaching the defendants vehicle from the defendant s right. The obligation was on the defendant to give wav, but the defendant failed to do sq,” the Magistrate -said.. ,