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Translation of a French court ruling on a manslaughter case involving a car overtaking a cyclist.


Identifier  ExFiles\Box 113\1\  scan0222
Date  15th January 1936
  
TRANSLATION
15.1.36 ET.

COURT OF CASSATION (Criminal Court)

29th November 1928

G.P. 1929 - I - 62.

----------------------------

MANSLAUGHTER AND INJURIES CAUSED BY IMPRUDENCE - WRONG DRIVING OF A MOTOR CAR - OVERTAKING ON THE RIGHT HAND SIDE - INFRINGEMENT OF ARTICLES 9 & 31 OF THE "CODE DE LA {L. A. Archer} ROUTE" - ACCIDENT CAUSED TO A CYCLIST - VICTIMS IMPRUDENCE - OBSTINACY IN KEEPING TO THE LEFT.

The outcome of the combined purport of Articles 9 and 31 of the Decree of 31st December 1922 is that the Driver of a car can overtake vehicles preceeding it only on the left hand side. If he cannot adhere to this rule while overtaking a vehicle, he must slow down or stop in order that no accident shall occur.

Consequently, the Driver of a car who causes an accident by overtaking a cyclist on the right hand side is guilty of manslaughter or of causing injuries by imprudent driving; it is quite immaterial that the victim himself committed an act of imprudence by his insistence in remaining on the left hand side of the road.

LEMOINE v {VIENNA} /. ONO
  
  
From the Rolls-Royce experimental archive: a quarter of a million communications from Rolls-Royce, 1906 to 1960's. Documents from the Sir Henry Royce Memorial Foundation (SHRMF).


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