Arising out of a road fatality which occurred near the junction of the by-pass road and Station Road, Irthlingborough, on August 31, Frederick William Clark, haulage contractor, Rushden, was summoned at Wellingborough Police Court on Friday for driving without reasonable consideration for other persons.

Mr. B.C. Tippleston (Messrs Dennis, Faulkner and Alsop, Northampton) who defended, pleaded not guilty and Mr. A. J. Darnell (Messrs Darnell and Price Northampton) watched the case for the parents of the lad who was killed in the accident.

Charles Henry Kilsby, lorry driver, 33 Knox Road, Wellingborough, stated that about 7.15 am on August 31 he was driving a milk lorry down the by-pass road at about 18 mph in the direction of Rushden. As he approached the junction he saw a lad coming down Station Road on a bicycle. Witness sounded his hooter and the boy beckoned him on. the lad was riding at from eight to ten m.p.h. and witness passed him. When he had got a few yards further on witness heard a noise and he then saw the cyclist under a lorry on the off-side of the road. There was no other traffic about.

Albert Charles Fairey, lorry driver, Finedon, stated that he was also driving a lorry down the road at about 15 mph when he saw the defendant’s lorry, which overtook him near the Addington Road, travelling about 55 mph. He heard no hooter sounded.

When witness got to the corner he saw a cyclist coming down the road from the direction of Irthlingborough. Kilby’s lorry was behind witness, who saw the lad beckoning the lorry on. At that time defendant’s lorry was not far behind Kilsby and the cyclist was on the near side of the lorry, which collided with the cyclist and ran on to the path.

Replying to Mr. Tippleston, witness said he did not think Clark could have passed Kilsby’s lorry but for the cyclist.

Thomas William Parker, engineer, Irthlingborough, who was cycling from the direction of the station towards Irthlingborough, said he thought all the lorries seemed to be travelling about the same speed.

Police-Sergeant Lovell said that after the accident he interviewed Clark who said that when he saw the cyclist he sounded his hooter and had the cyclist kept on he would have got behind the other lorry safely, but he turned back and then he was knocked down by the defendant’s lorry.

Clark, in the witness box, said the statement he made to the sergeant was quite correct. He was, he said, only travelling at from 25 to 30 mph. When he saw the lad beckon the milk lorry on defendant knew that the lad meant to try and get behind it. Defendant, therefore, swerved over to the right knowing there would be plenty of room to pass the first lorry when the cyclist got across, but when defendant sounded his hooter the cyclist swerved and defendant tried but was unable to avoid the lad being struck.

Defendant said he did what he thought was the best thing in the circumstances. Defendant said he thought his sounding of the horn was the unfortunate cause of the accident.

Mr. Tippleston said no one was more grieved at the occurrence than the defendant, and contended that there was no proof of want of reasonable care by defendant.

The bench inflicted a fine of £2 and 18s costs.