MOTOR-CYCLIST FINED

Wanganui Chronicle, Volume 77, Issue 25, 30 January 1934, Page 4

MOTOR-CYCLIST FINED

FAILED TO GIVE WAY. COLLISION AT INTERSECTION Bertie William Willis was fined £1 (Court costs 16s and 'fitnesses’ expenses 16s) by Air. J. H. Salmon, S.M., in the Wanganui Magistrate’s Court yesterday for failing to give way, when riding a motor-cycle, to a motor vehicle approaching from his right. William Leonard Roberts, who was charged with driving a motor truck in a manner that might be dangerous to the public, provided a successful defence and the charge was dismissed. Both charges arose from a collision which occurred between Willis’ motor-cycle and Roberts’ truck at the corner of Ingestre Street and Bell Street. Mr. C. F. Treadwell appeared for Roberts and Air. V. B. Willis for Willis. SeniorSergeant L. R. Capp prosecuted. Senior-Sergeant Capp said that Roberts was driving a truck along Ingestre Street in the direction of the River Bank. Willis was riding a motorcycle along Bell Street. The collision which gave rise to the informations occurred at the intersection of the two streets. Evidence for the police was given by Constables Alexander and Shilton and Alcssrs. W. G. Turner and D. H. Lawrence. Air. Treadwell submitted that, there was no evidence to substantiate a charge of excessive speed against Roberts. Air. Salmon: You have very little tu meet; only the evidence of Lawrence plus the skid mark found by the police. Air. Treadwell held that Roberts was taking the intersection rightly and the collision was brought about by Willis not observing the right-hand rule, which resulted in Roberts exercising his judgment quickly. That judgment might have been exercised wrongly. Roberts gave evidence substantiating this view. He said that he slackened to about 10 miles an hour when crossing the intersection. The motor-cyclist was travelling too fast for witness to cross the intersection in front of him. Witness swerved with the idea of getting out of the road, thinking that the cyclist would travel down Ingestre Street. Witness was of opinion that the cycle struck the truck a glancing blow towards the rear. Cross-examined by Air. Willis, Roberts said that he could quite easily have pulled up on the intersection, but that would probably have resulted in the death of the cyclist. Air. Willis submitted that the locality was a difficult one and the vision was obscured, more so as far as the cyclist was concerned. The cyclist would swear that he was given no opportunity of giving way and that the impact was caused by the speed of the truck. The benzine container of the cycle was struck by cither the left wheel or mudguard of the truck. The defendant Willis, in evidence, said that he was going at not more than 12 miles an hour over the intersection, but did not hear the horn of the truck. He blew the horn of his cycle. Witness was knocked over and spent three or four days in bed. There had been no opportunity for him to avoid the accident. He was of opinion that the truck struck the motor-cycle and carried it 34 feet further on. He was confident that the cycle did not strike the truck towards the rear. The truck came on top of him suddenly and there was no opportunity of avoiding the accident. In his judgment, Air. Salmon said that the charge against Roberts relied on evidence as to speed. Turner’s evidence was practically valueless in regard to the accident itself as he could not say what actually happened at the intersection. The next evidence from an independent witness was that from Lawrence, which said that the truck did slow up to a speed of from 15 to 18 miles when crossing the intersection. The only other evidence of speed was that of the constable who had made the measurements and produced a plan. The skid discovered was a lengthy one, but His Worship thought that one point was being overlooked. The truck was travelling down hill at the time, and that would lead to lengthening the skid when the brakes were applied. His Worship was not satisfied that the evidence supported the charge of dangerous driving against Roberts, and accordingly it would be dismissed. The collision occurred well across the intersection. Therefore, everything was in Willis’ favour. It was his duty to stop and give way to traffic approaching from the right. If lie was going at such a slow speed as 12 miles he should have been able to do that. In view of the fact that he had suffered some injury and expense a nominal penalty would be imposed.