MOTORIST CHARGED

Evening Post, Volume CXXXI, Issue 116, 19 May 1941, Page 8

MOTORIST CHARGED

DEATH OF CYCLIST

COLLISION AT INTERSECTION

The death of Alban John Barnes, in a collision between his motor-cycle and a car driven by Samuel Joseph Lane, a building qontractor, at the intersection of Montague ai\d Fitzherbert Streets, Lowr.r Hutt, on January 25, was the basis of a charge of negligent driving causing death against Lane in the Supreme Court today. The Crown alleged breach of the right-hand rule. The Chief Justice (Sir Michael Myers) presided. Mr. C. H. Weston, K.C., with him Mr. W. R, Birks, conducted the prosecution, and Mr. W. P. Rollings appeared for the accused. Opening the case for the Crown, Mr. Weston said the only witness of the accident was a man named Lee, who had been walking along Montague Street in the same direction as the accused was driving. He estimated the accused's speed at from 15 to 20 miles an hour, heard him sound the horn, and saw him slacken speed as he approached the intersection with Fitzherbert Street. He did not actually see the collision, but heard 'the noise and saw Barnes flying through the air. The body landed 30 feet from the point of impact, the motor-cycle was carried 22ft 2i", and there was a skidmark of Bft 2in before the point of impact. The Crpwn's case was that the accused broke the right-hand rule in a locality which required from him the greatest' of care, as he was approaching an intersection with a street down which it was very difficult to see anything until the driver's seat was right on to the intersection. , The accused did not see the cyclist until he was right on top of him, and did not apply his brakes until he actually hit him, or a fraction of time before the impact. ' In a statement to the police, continued Mr. Weston. the accused said the corner was a bad one and the view obstructed by bushes. He was on the intersection when he saw the motor-cycle on his right mudguard. In his opinion he took every precaution before crossing the intersection, and he considered the accident was due to the fact that Barnes must have been travelling too fast. ,

The accused had first of all put his speed at 25 miles an hour and then at not more than 20. The Crown contended that even 20 miles an hour was too fast for the locality in the circumstances. He should have been travelling at a speed that would have enabled him to pull up in a foot or two. and had he been keeping a proper look-out he should have seen the cyclist some feet before he did.

(Proceeding.)