NEGLIGENT DRIVING

Bay of Plenty Beacon, Volume 1, Issue 99, 11 December 1939, Page 5

NEGLIGENT DRIVING

MOTORIST CONVICTED

STRUCK CYCLIST

In the Magistrate's Court on Wednesday, before Mr A. Coleman, S.M, John Andrew Baird was Charged with negligent driving on the night of September 15th.

Defendant was represented by Mr G. Otlc3 r , and pleaded not guilty.

James Edward Canned, engineer, said that on the 15th of September at about 9.10 p.m., lie was riding a bicycle into Whakatane. He was carrying a piece of timber on his left shoulder, lie came to a bend in the road a ear came round on the wrong side. The right side of the car struck the front wheel, of his bicycle and he was thrown, suffering a cut on the head and a fractured shoulder blade.

To Mr Otley, witness said that the timber he was carrying was a piece of 4 x 1% and about-nine feet in length. He was only two feet away from the edge of the road.

Mr Otley: It is possible that the board struck the car? Witness: No.

Answering Mr Otley, witness said that defendant slopped his car immediately. Passenger's Evidence. Eric Granville Donnelly gave evidence that he was a passenger in defendant's car. Approaching the bend the car was in the centre of the road

In reply to Constable Fuller, witness thought that the car was slightly on the wrong side and that the driver should have had time to see the bicycle.

Under cross-examination by Mr Otley, witness said that the headlights picked up the cyclist just as the car rounded the bend and was on top of him.

When witness got out of the car he saw Cannel lying on' the road and apparently suffering from shock Questioned by Constable Fuller, witness said that defendant had admitted to him that he Avas in the wrong. Constable Fuller stated that at 10 p.m. on the date in question, Baird called on him and gave details of the accident. He had said that he was driving at about 35 to 40 miles per hour and was in the centre of the road in order to take a righthand corner. He saw a light ahead and by its brilliance, thought it to be a car further along the road.

At this stage Mr Otley altered the plea to one of guilty.

The Magistrate, in convicting Baird, observed that the most serious offence under the heading of negligent driving was speeding. Defendant was guilty of negligence but the case was not serious. Baird was fined £1 10s and £1 5s costs.