CLASSIC CASE

Hawke's Bay Herald-Tribune, Issue 164, 29 July 1937, Page 5

CLASSIC CASE

PresB A saociation. )

Driver Who Was Blinded by Approaching Lights DEATH OF CYCLIST

(By i'elegrapb—

CHRISTCHURCH, This Day. The trial of Frank Rowland Coe on a charge of negHgent driving so as to cause death was described by Mr Justice Northcroft in the Supreme Court to-day as a classic one, as the jury's decision would set a standard of reasonable care for motorists. The judge said that the Crown's case was that accused was travelling at a reasonable speed and was not affected by liquor, but the question was whether accused was reasonably carefuLin continuing when blinded by the lights of another vehicle. During that time he fatally injured a cyclist. The accident no doubt happened through someone taking risks. The question was whether accused took the risk. A man was forbidden to take any risk which ' endangered anyone else. A person who drove when he could not see was guilty of negligence. Accused was on the horns of dilemma. Either he did not keep a proper look out or else he was trying to do so, but could not by being blinded by oncoming lights. Accused's action in pulling over to the left and slowing down a considerable distance before the bicycle was struck indicated that he had been embarassed by the lights for some time. Pulling to the left under such cireumstances did not seem to be wise, as anything might be struek. The unf ortunate cyclist had pulled over to the gravel in the hope that there at least he would be safe. It would be a great misfortune if the jury, thinking that this man did not use reasonable care, failed to say so. The jury has retired.