Police Court: Monday – Before the Mayor (Alderman J. Taylor) (in the chair), and Mr. W. Ball: Torbay Road Accident: A sequel to the accident with occurred to the Baroness Van der Werff in the Torbay Road a short time ago, was heard when Gerald Swain Pinsent of Woodcot, Morin Road, Paignton, was summoned for ridng a motor-cycle to the danger of the public. Mr. G. H. L. Easterbrook appeared for the defendant and pleaded not guilty. Ernest Price, chauffeur, of Elm House. Crosby Road. Liverpool. said on the 21st June he was driving a six-seater saloon car along the Torbay Road in the direction of the Grand Hotel. Just after crossing the entrance to Belgrave Road, he saw a lady and gentleman on his near side stepping off the pavement. They were about twenty-five yards away from him. A tram car which was in front of him and going in the same direction, was just slowing up and it ultimately came to a standstill. Witness put out his hand to indicate to anyone coming from behind that he was going to slow down. He then saw through his mirror that a motorcyclist was approaching from behind. The cyclist passed him and got in between the tram and witness’s car, which was then stationary. The left handlebar struck the lady and knocked her down. Joseph Hingham, of Highcroft, Haldon Road, Torquay. said at the time of the accident he was a passenger on the tram referred to. He saw the lady and gentleman on the footpath signal the approaching tram to stop. They left the pavement and the tram stopped. The next thing he saw was a motorcyclist going along in the rear, occupying the middle of the road, and he appeared to be going very fast. Baron Bernard Van der Werff, of Eversfield, Warwick Road, Solihull, Birmingham, said he and his wife were walking along the Torbay Road on the seaside, in the direction of Paignton. They signalled to the train to stop but noticed there was a car following the tram. As the car was going very slowly, they attempted to board the tram, when the cyclist cut in and knocked his wife down. Witness admitted that a certain portion of the road was obscured from his view by the on-coming motorcar. His wife was taken to the hospital in an unconscious condition. P. C. Burnett said the width of the road at the point was fifty-four feet, and the width between the pavement and the tram lines on the seaside was twenty feet. Defendant said on the day of the accident he was on business for his employer, whose motorcycle he was riding. He came out of Belgrave Road and saw the motorcar some distance behind the train. There was no other traffic on the road at the time. As he got level with the motorcar the lady and gentleman walked out in front of it and he (defendant), after striking the lady, collided with the train, which was travelling slowly and was only pulled up after the impact. He sounded his horn but saw no signal given by the driver of the motorcar. After the impact he had pulled up within two yards. He was travelling at twelve to fifteen miles per hour. Mr. Easterbrook submitted that there had been no question of “cutting-in.” They were entitled to a tramcar on the side that appeared safest. At least, that was his interpretation of the law as far as Torquay was concerned. The safest in that case was undoubtedly the near side. If he had passed the tram on the other side, he would run the risk of colliding with any traffic coming in the opposite direction. In America there were people known as “Jaywalkers,” who stepped off the pavement without seeing or knowing what was coming. There were also weird notices at certain points stating the number of people that had been killed there, and strongly advising people to be careful in crossing the road. Motorists and pedestrians had an equal right to the road. but he was convinced that before long legislation would be passed which would lead to foot passengers being convicted for walking to the common danger. The law had too long been inclined to regard the pedestrian as always being in the right and the motorist in the wrong. In that case the defendant had been taken by surprise. His vision was obscured by the motorcar, and the fact that he pulled up in two or three yards showed that he was not travelling at an excessive speed. The Bench imposed a fine of £2 and costs and ordered the defendant’s licence to be endorsed.
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Referenced
GRO0366 Devonport: Gerald Swain Pinsent: 1904 – 1993