In reply to his Worship, defendant said that he blamed the ©. P. C. for the accident. He did not blame the rider of the motor cycle but disagreed with the estimate of speed given by the latter, Defend: thought that the motor cycle wa travelling at a speed approaching 35 miles per hour.
Miss E, J. Atkinson said that she was in the defendant's car on the night in question Witness deseribed. defendant as "an extremely cautious driver" and was quite sure that the C. P. C. gave a signal to defendant to proceed into the road. "In fact," continued witness, "I said, Go on, he's calling you" She thought that Mr. Baring was in the habit of driving fast.
Dr. Seddon Briefly reviewed the evidence and said that it wa the prosecution to prove. that "was improperly and negligently driving a motor cai Counsel submitted that the prosecution had failed to do this. He (counsel) was of opinion that the accident was primarily caused by. the C. P, C. but might have been avoided Subs Inapr: Cinnane vobmitted that the defendant was negligent in not. giving a warning when emerging from a drive-way into a main road. The evidence of the police was to the, effect that the horn was not sounded and the C. P, C. denied giving any signal to the defendant.
His Worship said that the prosecution must prove cases up to the hilt and in this case they had not done so, The case would be dismissed,
Text read from the printed page and cleaned; old type leaves the occasional error.
