NEGLIGENT DRIVING

Waikato Times, Volume 124, Issue 20738, 23 February 1939, Page 2

NEGLIGENT DRIVING

ELECTRICIAN CONVICTED MISHAP IN TE AROHA STREET As a result of a minor accident in Te Aroha Street on December 22, in which a cyclist was knocked from his machine by an overtaking car, Ernest Phethean, an electrician, of Hamilton Mr W. J. King), appeared before Mr S. L. Paterson, S.M., in the Magistrate's Court, Hamilton, to-day on a charge of negligent driving. Defendant pleaded not guilty, j Charles David Cook, master bricklayer, stated that he was riding his i bicycle in Te Aroha Street on Decem- ! her 22, with another cyclist. They were riding on their correct side. Witness heard a horn sounded behind him. This overtaking car passed the cyclists at the same time as another which was approaching them. The car which overtook them was carrying a bicycle strapped to it, said witness, and apparently this cycle struck witness’ companion, Albert A. Pearcy, a bricklayer, of Fairfield. The latter was thrown to the ground but escaped injury. Did Not Stop The car carrying the cycle did not stop but later witness saw it in O’Neill Street, with defendant in charge. Witness spoke to him and he admitted having been in Te Aroha Street a short time before. He was unaware, however, that he knocked a man down. To Mr King, witness said he and Pearcy were as far over to their left as possible. There was no cycle on the car when witness saw it in O’Neill Street and with witness’ cycle strapped on, it only protruded about 3in. over the car. Albert A. Pearcy, who also gave evidence, stated that he did not see the car driven by defendant. He was struck by that car just as the car they saw approaching passed them. For defendant, Mr King said PheIbean’s statement to the police covered the facts. He staled that when first seen by him the two cyclists were astride of the centre-line of the road. Repeated sounding of the horn by de- ) fendant caused the two men to move ! further to tlie left. Phethean was unaware until later that any accident j occurred. I “The negligence of defendant,” t commented Mr Paterson, in giving judgment, "lies in thn fact that he passed the cyclists while the other ear was passing them. That is definitely a dangerous practice.” Defendant \\,ts Himd LI and costs.