BICYCLES IN THE PUBLIC STREETS.

Southern Cross, Volume 1, Issue 38, 16 December 1893, Page 3

BICYCLES IN THE PUBLIC STREETS.

A somewhat interesting; case, as bearing upon the question of the extent to which riders on bicycles are entitled to use the public thoroughfares, was lately heard in Sydney before Mr Justice Innes and Mr Justice Stephen. It seems that a person named John H. Dight was proceeded against by the Borough Council of Albury for riding a bicycle upon one of the footpaths of the borough at a pace dangerous to passengers. The defendant was convicted, and fined 40s with costs, and he now appealed on the ground that there was no evidence that the passengers in the street were endangered: and that to support the conviction it must be shown that the defendant was an actual annoyance, obstruction or danger to pedestrians. The defendant at the hearing gave evidence that he was only travelling at the rate of about five miles an hour; but the inspector of nuisances, who prosecuted, swore that the defendant was going so fast that he had to compel his horse to gallop after him in order to overtake and warn him to desist. The Court now held that it believed from the evidence that Di ght was going at a pace which was dangerous to passengers who were proceeding along the footpath. It was not necessary to show that passengers were actually endangered. The bylaw upon which the borough proceeded was a salutary and desirable one wheivs numbers of men, women, and children were continually proceeding along the streets, and it was not necessary to show that some individual had been actually endangered; or, in other words, had had a narrow escape, but that the pace at which the bicycle was being driven was dangerous to passengers. The conviction was, therefore, sustained, and the rule nisi dismissed.