NIGHT SMASH

Rotorua Morning Post, Volume 2, Issue 386, 22 November 1932, Page 6

NIGHT SMASH

COLLISION WITH CYCLIST LEADS TO COURT CASE CHARGE OF NEGLIGENCE Charged with negligent driving of a motor car on the Whaka Road, Hori Mau was yesterday fined £2 and costs £1 12s. The prosecution arose from a collision with a cyclist, H. W. J. Dabb, at a late hour one night. Dabb received injuries to his back and his cyele was smashed to pieces. Senior Sergeant J. Carroll prosecuted and called Dabb to tell his own story. He told the court that he was riding home on the correct side of the road when he was struck from behind and hurled along the road. The first thing he remembered after the occurrence was speaking to Mr. Mau. He had a tail light on his machine, but it had been broken off in the smash. He rode on the bitumen in pref erence to the cycle track and had never before met with an accident. Norman M. Keane said he was driving home in his car on the night in question about 12 o'clock when another car passed him at a fast rate. Shortly after he found Dabb lying on the road. He got out and picked up the man and Mau then returned in his car. The side window of Mau's car was broken and Mau's face slightly cut. Dabb v/as placed in Mau's car and taken home. There was ordinary visibility that' night, but it was always difficult to see cyclists at night. The shadows were rather dazzling on Whaka Road. Constable G. Roberts gave formal evidence of a report on the accident made by Mau. When interviewed Mau said Dabb was about three feet away when he first saw him. Mr. J. D. Davys, who appeared for the def ence, contended that there was really no case to answer, but Mr. Paterson decided to hear further evidence. Mr. Davys therefore proceeded to point out that owing to the lights of an approaching car dazzling him Mau was unable to see the cyclist. Furthermore a special track was provided for cyclists and if they used the bitumen it was at their own risk. In evidence Hori Mau said that he passed Mr. Keane's car at about 35 miles an hour and then saw another car approaching with very bright lights. Suddenly he caught sight of Dabb right in front of him. He tried to miss him but failed to do so. His nerves were badly shaken by the occurrence and he had to pull himself together before going back. He could not have avoided the accident. Mr. Paterson held that there had been negligence. It was difficult to see cyclists at night and great care should be used. If a motorist became dazzled by approaching lights it was his duty to stop. Defendant would be fined £2 and costs £1 12s.