MOTORIST FINED

Timaru Herald, Volume CXLII, Issue 20586, 27 November 1936, Page 7

MOTORIST FINED

CHARGE OF NEGLIGENT DRIVING A case arising out of an accident at St. Andrews on October 26 was heard by Mr C. R. Orr Walker, S.M., in the Timaru Magistrate's Court yesterday when Marjorie Ann Hutcheon (Mr L. M. Inglis) pleaded not guilty to a charge of driving a car in a negligent manner. Senior-Sergeant D. J. Hewitt said that at 9.50 a.m. a man, Smith, a surfaceman on the railway at St. Andrews, was riding his bicycle. He was passing the railway gate, and saw a car coming from the south, but it was some distance away. He had just got across the road when the back wheel of his bicycle was struck. Cyril John E. Smith •id that on the morning of October 26, he was travelling south past the St. Andrews railway station. He saw a car coming from the south, but it was some distance away. He signalled that he was about to cross the road. When he was about eight feet off the kerb, the car coming from the south struck the back wheel of his bicycle and threw him off. The car weni on for tome distance before pulling up. The damage to the cycle amounted to £2/15/- or £3, and the money for the damage had been sent to him.

To Mr Inglis: There were cars parked near the railway station, and it was possible that they obscured him from a car coming north. There was a fair amount of traffic on the road. He could not say whether the car approaching sounded a warning. Harold R. Pugh, of St. Andrews, said that he saw Smith riding south. The next he saw of him was when the car struck the bicycle. The back wheel was just about off the bitumen when the car hit the bicycle. The car went on for about 60 yards before stopping. To Mr Inglis: He could not say what part of the bicycle made the marks on the roadway. Evidence was also given by Constable A, Leckie, of St. Andrews. He stated that he measured the wheel marks of the car, and they extended for a distance of 60 yards. For the defendant, Mr Inglis said that she was driving north through St. Andrews. There was a steady stream of traffic going to the Oamaru races, and approaching St. Andrews she slowed down tc 25 miles an hour in accordance with a notice on the road. Defendant did not see Smith until he was half way across the road. Defendant put in her brakes, but could not swerve to her wrong side on account of other traffic. Defendant, in evidence, said that she saw a notice on the last bend before St. Andrews that the speed limit was 25 miles an hour, and she slowed down to that speed. There were five or six cars parked on the railway station side. She did not sec the cyclist until he was a few yards in front of her. She put on her brr-kes, but could not pull far to the right on account of oncoming traffic. The cyclist was not looking at her at all, his attention being given to cars coming from the north. The Magistrate said that U would

appear that the brakes of the car were not in good order, and it would also appear that in the circumstances a speed of 25 miles an hour was dangerous. The evidence made it appear that there was not the care exercised that there should have been. The cyclist also might have been a little more careful. A fine of £2 and costs was imposed.