MOTORIST PROSECUTED

New Zealand Herald, Volume LXX, Issue 21576, 22 August 1933, Page 12

MOTORIST PROSECUTED

FINE FOR NEGLIGENCE COLLISION WITH CYCLIST ALLEGED FAILURE TO REPORT [from our owx correspoxdext] HAMILTON, Monday Lengthy evidence was heard before Mr. F. H. Levien, S.M., in the Hamilton Police Court to-day, when Lawrence liov Greenslade, engineer, Hamilton, pleaded not guilty to a charge of negligently driving his motor-car and of failing to notify the police that an accident had occurred. The circumstances, according to witnesses for the prosecution, were that at about 5.30 p.m. on July 11 the defendant was driving in Massey Street, Frankton, when he overtook a cycle ridden by a relief worker, Andrew Miller. A collision occurred, and Miller sulfcred a broken rib, shock and abrasions. Evidence was given by a nurse, Mrs. May Scott, that Miller was extensively hurt about the head and right hand. Ho could walk only with difficulty. Ho was confined to bed for over a fortnight. Several people advised Greenslade to wait for the police, but ho did not do so. Constable McLean said he was advised of the accident at 5.40 p.m. and went to the scene immediately. Greenslade had gone. No advice concerning the accident was received from Greenslade.

In a statement made to the police, defendant said the cyclist swerved in front of his car as the vehicle approached at from 15 to 18 miles an hour. He did not consider the cyclist had been injured. Mr. Tompkins said that contrary to the usual impression there was no duty on the part of a nfotorist involved in an accident to stay on the scene until the police arrived. There was no absolute duty on the part of the motorist to report an accident in which a person was hurt if someone else had done so. Counsel said that Grccnslade did not know that Miller had been injured. It was about half daylight at the tima. Grccnslade had his lights on, and he did not see the cyclist until he was 10ft. away from him. Defendant gave evidence that he did what he could for Miller and after seeing that ho was not hurt, he went away. Witness saw no trace of any injury. John Fisher, a passenger in the car, gave similar evidence. The magistrate said that defendant was driving in a dangerous manner. The cyclist was on his correct side of .the road, and defendant did not see him until he was only a few feet away. He was either driving at an excessive speed or was paying too much attention to the engine of the car. Cycles were dangerous on the road, but they had a right to bo there, and particular care on the part of motorists was required, particularly near a town. Defendant was fined £2 10s for negligent driving, with £1 13s 3d costs.

Decision was reserved in connection with the charge of failing to notify the police.