ALLEGED NEGLIGENCE.

Wanganui Chronicle, Volume LX, Issue 16892, 8 February 1917, Page 4

ALLEGED NEGLIGENCE.

SEQUEL TO COLLISION. '

MAGISTRATE DISMISSES THE

CASE

An interesting case was heard at the Magistrate's Court yesetrday; before Mr Hewitt, S.M., when John Valentine was charged with negligently driving a motor car on the Heads &>ad on January 12th. : . ■ • Mr Mackay appeared for the defen-/ dant. i :• . ■'~._ •'"*•-; ■• ■-■ '■: ~ j■■ '■'■■ Senior Sergt. Bourke said the case was out of the ordinary^ Defendant was driving his car at a slow speedabout six miles an hour—and ran down a cyclist naraed Eichard Hammond, who was going in the same direction along the Heads Road. The time the accident occurred was about 4 o'clock in the afternoon. *

The-complainant said he was riding slowly. <,He met a motor lorry, and gave it plenty of room to pass. At that moment the defendant's motorcar ran into him from behind. Witness was somewhat knocked about, and the bicycle was smasiied. " Defendant considered witness should have got out of the way. To Mr Mackay: The accident happened at a corner. He did'not hear the car coming up, nor anybody call out. It was not a very hard collision. . ■ ' .

William Willrins, sexton at the ceme-' tery, said the motor car was travelling very slowly at the time of the accident. .■•■'-, > • ■

Sergt. Taylor, who Was called to the scene of the accident,' expressed the opinon that the car had practically stopped on top of the bicycle". The defendant said both he and his wife called out before the accident occurred. The defendant had room to pull to one side to avoid the The defence was not called upon. His Worship expressed the opinion that the accident might have been due to misadventure, a miscalculation, or an error in judgment, or what might '"amount to negligence in a civil action. His duty was to ascertain whether the action of the defendant,-was such as to endanger the general public. It was admitted by the police that the car was <*oing slpwly, and he felt he was justified in-dismissing the prosecution.