"A SERIOUS OFFENCE"

Evening Post, Volume CIX, Issue 124, 28 May 1930, Page 6

"A SERIOUS OFFENCE"

MOTOR-CYCLIST FINED

SEQUEL'TO ACCIDENT

,A "sequel".to a a accident on the".Happy Valley road, a short "distance from the Island Bay tram terminus, at 9.45 p.m. on Ist November, was heard before Mr. W. H. Woodward, S.M., in the Magistrate's Court yesterday afternoon, when Gilbert Jepson, a motor mechanic, aged 19, was charged with, riding a motor-cycle in a dangerous manner and knocking down Mrs. Charlotte Smith and her daughter, Elsie. Mrs. Smith had her ankle broken and was m hospital for some time. : Mr. C. A. L. Treadwell appeared for defendant and Sub-Inspector C. W. Lopdell ±'or the police.Mrs. Smith, who resides in Happy Valley, said in evidence that she and her daughter were proceeding along the western footpath on. their-way homo. Vfter they had come to the end of the pavement they decided 'to cross_ the road to the other footpath to avoid the rough stones .on the road. When they were half way across the road the accident occurred. Witness said she heard no warning sound, and in fact heard nothing, as the .accident happened so quickly. She was not rendered unconscious', but she could not describe the accident. ■ • ' , . ■ Constable Sutherland, who arrived at the scone about half an 'hour after the accident, said that in company with the defendant he took measurements of the skid marks. He afterwards obtained a statement from him at the police station. Elsie Smith, daughter of the injured woman, stated that she was walking on the left side of her mother when the accident occurred. She was not aware of any approaching vehicle. When the motor-cycle struck them Tier mother was knocked down, and she was carried on by the cycle. When she went back she found her mother lying in the middle of the road.

Before the next witness was called, Mr. Treadwell said that the case was one of those which should stand as a warning to^ pedestrians. The defendant had dimmed his lights, but as he swept round the corner, even if he had had the strongest of lights, they would not have shown on anyone walking on the road. The accident was due to no fault of the defendant as he was driving at a reasonable speed, and he had no knowledge' that the women were using the roadway as a footpath. The only warning he had was when he saw the light stri'ekings worn by Mrs. Smith.

Jepson, in the witness box, : stated that he had been driving a motor-cycle for three years. On the Ist of Novem; ber last ho was driving towards Happy Valley with a passenger in the side-ear. At the time of the accident he estimated his speed at- 20 miles per hour. In answer to a question, Jepson said that the road "was bitumen with gravel on the surface. It had been raining and the bitumen was wet, and therefore the lights of the cycle did not show up as they should have done. After he had swung around the-corner he did not see the women until they were just in front of him. As he swung his, cycle to the right to avoid them, the girl appeared, to jump to the right also. He swerved to the left again to avoid tho-girl and in, doing so struck Mrs. Smith. In answer to a question by Sub-Inspector Lopdell, Jopson said, that when he first saw the-women he was only eight or ten feet away;! and .all.-he-saw was a pair of white'stockings. . ■

Harry Swaddling, . the passenger in the sidecar, said that the road was damp at. the time. The cycle wag travelling at -about 20 miles per hour around..the bend just before the acci-dent.-'The first thing he saw after coming round-the bond was a pair of light stockings. Ho was of the opinion that no matter how strong the lights wore, they would not have illuminated the road. After the collision Miss Smith landed .back in witness's, arms. A fresh southerly, breeze was, blowing at the time,-: and quite likely it was : difficult tor: the women to'hear the cycle at ail. ■'■■Mr. Woodward in summing", up said ,that_ the defendant was : .: undoubtedly, negligent. He was travelling in such a wanner that ho could not pull up in time, and also he did not have sufficient lighting on his machine. "I think it a very serious case," ho concluded. The defendant; was- fined £5 and costs, and on : a< -charge of -:having insufficient lighting': on his motor-cycle he was convicted and. discharged.