UNUSUAL PROSECTION

Hawke's Bay Herald-Tribune, Issue 45, 9 March 1937, Page 12

UNUSUAL PROSECTION

■ - wmp M i i >■ Attempting to Pass Cyclist at Intersection , Ruling that the evidence had indi- > cated that the cyclist was not Iravellingi at a greater speed than four rriles an hour, Mr J. Miller, S.M.. dismissed a charge brought by the police against Joseph Frederick Custance, a garage foreman who appeared in the Napier Magistrate's Court yesterday morning in answer to a charge of attempting to pass a cyclist travelling in the same- direction at the intersection of Hastings and Browning streets, Napier. The evidence of the police was that Oustance was driving his car past the intersection and had failed to pull up to enable the cyclist to pass. As a result, the cycle struck the car and the rider was injured. Custance and a passenger in Iiis car said in evidence that the cyclist was travelling at about four miles an hour and had every opportunity to avoid the car, which was being driven carefullyThe cyclist had not given a sufficient Avarning as to his route when at the intersection. "Since the law is that a motorist must give way if the other vehicle is travelling at least at six" miles an hour I must dismiss this charge on the evidence that the cyclist's speed was about four miles an hour," said the ma^jstrate. 1