South Yorkshire Times, March 3, 1951

Witness Denies Threat to Driver

At Mexboro’ Inquiry Into Wath Fatality

A witness at an inquest at Mexborough on Friday denied that he had threatened a lorry driver: “I will do you this time,” after the driver, Harry Callear , a builder and contractor, of 10, Brookside, Swinton, had knocked down, and fatally injured a man in Sandygate, Wath.

The witness was alleged to have said: “You have done it this time, I will do you now. I have been watching you for weeks.”

He was Laurence Atkinson, of 5, Coverleigh Road. Wath, giving evidence at the inquest on a 52-year-old railway platelayer, Horace Barber, of 62, Rookery Road, Swinton, who died in Montagu Hospital, Mexborough, last Tuesday, following an accident at the junction of Sandygate and Burman Road, Wath, the same day. The Doncaster District. Coroner (Mr. H. Carlile) advised a jury to turn a verdict of “Accidental death,” which they did.

Atkinson, who had seen the accident, was described as “hysterical” by Callear, and in his summary of the evidence, Mr. Carlile said “the only dependable witness was in a very excited condition after this happened. Whether this was due to the fact that he has been annoyed by some other lorry drivers who have driven rather fast down there, or whether he was aroused by the accident, I do not know.”

Barber was cycling to his work at Wath Goods Yard at about 8 a.m. last Tuesday, and was being overtaken by the lorry driven by Callear when he turned sharply to the right, Callear said that he had given warning of his approach when about 30 yards away, by sounding his horn, as he had thought, from his way of riding, that Barber was an old man. Barber did not appear to take any notice of the warning, and gave no signal of any intention to turn down Burman Road. Callear began to overtake him, “travelling at a reasonable speed,” when Barber took his right hand from the handlebars as if intending to signal, and turned sharply right.

Callear was then only a few yards from the cyclist, and was unable to do anything but swerve to the right to try to avoid him. Barber was struck by the near-side of the lorry, and sustained a fractured skull.

Mr Carlile said that there was no evidence to suggest that the driver was guilty of culpable negligence. He had overtaken at a reasonable speed, and although some sort of a signal was given by the cyclist, it was an inadequate one, and was not given in sufficient time.