CHARGES DISMISSED

Taranaki Daily News, 18 April 1935, Page 6

CHARGES DISMISSED

OUTCOME OF STREET COLLISION. CYCLIST RIDING IN “BLIND SPOT.” An accident in Broadway south on March 27, when a car driven by Douglas Stevens Butcher overtook and collided with a cycle ridden by H. J. Robinson, had its sequel in the Magistrate’s Court at Stratford yesterday, when Butcher appeared before Mr. W. H. Woodward, S.M., on a charge of negligent driving. Robinson was also before the court on a charge arising out of the same incident —that his bicycle was not equipped with a red rear reflector.

The circumstances as outlined by Sergeant T. Kelly were that at about 7.15 p.m. on March 27 Butcher was proceeding south along Broadway. Just before he reached the Opunake Road intersection a car turned north into Broadway from Opunake Road, and another car was proceeding north along Broadway. About 50 yards from the comer Butcher, then travelling at about 15 miles an hour and well on his correct side of the road, ran into the rear of a cycle ridden by Robinson, damaging the cycle and necessitating Robinson’s absence from work for some time afterwards. Both parties immediately reported the matter to the police. If was an unfortunate happening, said Mr. A. Coleman, who appeared for Butcher, and one that might easily occur with any driver. The first Butcher knew of the accident was when he felt the collision and saw the cyclist against the bonnet of his car. There was always a blind spot on the left side of a car facing the lights of an approaching car, and it was impossible to see a pedestrian or a cyclist proceeding in the same direction unless there was some warning, such as a rear reflector on the cycle or light clothes on the pedestrian. In the particular circumstances of this case he submitted that the accident was inevitable. The cyclist had no reflector as a warning, and it was not therefore fair to lay the responsibility for the accident at the door of the following motorist. George William Pratt, taxi-driver, gave evidence of his experience of the effect of oncoming lights when driving a car at night. There might be a very reasonable doubt as to whether there was an negligence, said Mr. Woodward, and he felt that he must give the defendant the benefit of that doubt. He therefore dismissed the charge. Robinson, charged with riding a cycle without a red reflector on the rear mudguard, stated in explanation that he was not aware that reflectors were now compulsory. He had until recently had an electric tail light, he said, but it was out of order at the time of the accident. He was convicted and discharged.