CARE NOT EXERCISED

Timaru Herald, Volume CXL, Issue 20284, 6 December 1935, Page 4

CARE NOT EXERCISED

MOTOR CYCLIST FINED A motor cyclist, Charles Sims, was charged in the Timaru Magistrate's Court yesterday before Mr C. R. OrrWalker, S.M., with driving a motor cycle in Theodocia Street in a negligent manner. Mr G. Walker appeared for defendant, who pleaded not guilty. Senior-Sergeant D. J. Hewitt said that defendant had been riding iiis motor cycle in Theodocia Street on the night of November 15, and he had charged into two pedestrians, one of whom had been badly injured. Thomas John Harvey, electric welding engineer, said that on the night of November 15 he had been walking along Sefton Street, and when at the intersection of Sefton and Theodocia Streets, he heard the noise of a motor cycle. He glanced down Theodocia Street and saw the headlight of the cycle. Ail he had time to do was to push the young lady who was accompanying him on to the footpath. The cycle struck defendant and knocked him down, and he was rendered unconscious. Visibility at the time was quite good. To Mr Walker; When he first saw the light of the cycle, it was just coming out of Sophia Street. He (witness) was then about 10 feet from the corner by Wood’s Garage. You had 30 feet to go while the cycle travelled 300 feet? —That is so. Then you had plenty of time to cross? —I was nearly across as it was. I suggest that you hesitated and that was the cause of the accident? —I did not hesitate. The motor cyclist has a different story. The Senior-Sergeant—Naturally. Evidence was also given by Ellen Jober. Defendant said that he had been travelling north along Theodocia Street, and had intended going round Harvey and his companion, but at the last moment Harvey appeared to hesitate, and pushed the girl to the side. His speed coming up the street had been about 20 miles an hour, and his light had been quite good. If Harvey and his companion had not hesitated, the collision would not have occurred. The Magistrate held that defendant was guilty of some degree of negligence. It was the duty of motorcyclists to exercise care when pedestrians were more than half way across an intersection. Defendant had not shown sufficient care, and would be fined £2 and costs £l/12/-.