A CHARGE DISMISSED.

Stratford Evening Post, Volume XXXVIII, Issue 31, 6 February 1914, Page 6

A CHARGE DISMISSED.

MOTOR CYCLIST"EXONERATED. At the Court this morning Mr Kenrick, S.M., delivered his reserved judgment in the case in which Henry Guy Fearon was charged with having Ridden a motor cycle in a manner dangerous to the public. The case arose out of an accident on the afternoon of December 6th, Mr George Smart being knocked down by defendant’s cycle and injured. At the hearing last Court day Mr R. Spence appeared for defendant, Sergeant McNeely conducting the prosecution. Mr Kenrick said the information was laid under the Motor Regulation Act. The evidence, he said, did not disclose that the speed was excessive, the highest speed mentioned in evidence being twelve miles an hour. There was no evidence of recklessness. The only evidence of negligence was the admission of defendant that a little prior to the accident he looked away from the road inwards/ somebody on the footpath who had called out to him. He took it that the section was framed in order to properly punish persons against whom a claim for damaged would be useless. The section was comprehensive in its wording, allowing for all acts which could contribute to making motor-driving dangerous to the public. Negligence was mentioned in the section, but the whole of defendant’s negligence consisted in him failing for a short time to keep a lookout on the road. But he did not think that the object of the section was to punish a man merely for such an act of negligence. If, however, there had been this degree of negligence, combined with excessive speed or some other act contributing to danger an offence would be committed. The only way of proceeding against defendant would be by civil process. The police were quite right in laying the information, as it was hard to say exactly what evidence would be given in such cases. The information would be dismissed.