COMPENSATION CLAIM.

Alexandra Herald and Central Otago Gazette, Issue 1709, 23 October 1929, Page 3

COMPENSATION CLAIM.

M. M'GINNIS y. G. FISHEB. The tallowing matter was published in a late edition last week and did not appear ia some papers:— The ease in which Mons M'Uiunis sued George Fisher for &>& lis o\i was - beard ia the Alexandra Magistrate's Court hat Thursday before Mr H. J. Dixon, SLM. Mr T. E. Sunderland appeared for the plaintiff and Mr Parcell J for the defendant. ' *<The ease arose oat of an accident wW»a ntctor-cycle, ridden by the ! piaiatiS collided with a motor-ear drives by George Fisher. The collision took place on the main EarnscleughCfyda road oa May IL Mr Sander land produced a plan of the scene of the accident. Man* M'Ginnis, in bis evidence, said that oa the day ia question he was going to Clyde to play ia a football match. Just before he left bis home be saw a car jaw and a Minerva ear following. After crossing the Fraser IKSver bridge be saw the Minerva ear paw the ear driven by Fblier. He was tbea 120 yds behind tke Minerva riding hU neter-cyefe. When be came up behind Usher'* ear veered off to the left from the middle of the ruad. He was tbea about 30yds or 40yds behind on the right side. He then speeded up as be took it as a signal to pass. There was no sign whatever given that Fisher was going to tarn. I tried to pass him; without any warning Fisher turned

Ma ear right across* in front of me. I waa the* only about 30ft to 40ft away. Fiaaar vac travelling at a moderate pae* at the tar a—almost .1 walking face to get over the road. I then * veered off to- the left to try to avoid aim baft struck Ms ear when in the middle of the roa«i. My left leg eanght Ms back spring and my right handle ; Ms spare tyre. I landed in the middle of! the road and the bike went on some distaste. I never saw traffic go across there to gt» to Mr Macpherson's. I knew my leg was broken. I was not 9 Baeonseions!. I saw everything that was I goiag on. I was taken to the hospital said remained there for seven weeks. • At t&a time' of the accident I was rahbitting for my brother. I was receiving £1 a day and a beans at the end of the job, although I am not claiming for the bonus. Prom June 31 I was working far my father for £2 a week and keep. Cross-examine,! by Mr Pareell plaintiff said: I am 19 years of age and nsre not bees in court before. I think Fisher was doing 30 miles per boar and the Minerva paased Mm. There was no dost. I was about 150 yds behind the Miaerva. Prom the bridge to the branch read is about 700 yards. I was {ravelling on the right side as the other side was impossible. I was trave* ling about 30 miles an hour, my speedoshowed that. I don't know what f speed the defendant was travelling at . a* I was overtaking Fisher's ear, he was slowing down. I thought he wanted a »se to pass when he drew to the left. I had no idea at all that he was going to tarn. If he had pat his band oat I woaH have seen it. I never expected that he was gong to tarn in there. I eeald see I was going to be trapped; the skid marks were from the right side over to the left. I speeded up -to 35 miles from where I started about 50ft away. "Fisher went oat off" the ' road after I bit Ma car. I have done , 50 miles on my motor-cycle bat I have

never heard anyone complain about my ; speed on the road. I did not hear my I rather say that 1 got it at last. 1 : put my brakes on hard and she sledged I rrom the time Fisher started' to turn. My father was charging me £1 a week for board. I was thrown off before on one occasion in the Cromwell Gorge but there was no damage done. I did not know at the time that it was Fisher's ear. I knew all the- footballers that were in the Minerva. I was not running late. I have not had a written statement in this~ case to study up. At 20 miles I.'could pull up in 20ft; at 30 miles in 30ft to 35ft. To Mr Sunderland: It is just guesswork as lo how soon I could pull up. The machine is more likely to skid in loose stuff and my estimate might be a long way out. I was suffering a good deal, of pain but I did not make any attempt to move until the doctor arrived. What I mean-by going on my right and proper side is that it was my right side to pass. I travelled on the right side all the way from the bridge. To the Magistrate: When I saw him turn I jammed on the brakes. ) Dr Brokenshire said that he remem-j l>ered being called to the scene of the I aeeident and saw M'lnnis lying on the • crown of the road. He had a severe ; compound fracture of the right leg below the knee and was X-rayed on Monday, showing five complete fractures. He' last saw M'lnnis profession a lly on Wednesday. When I go to Maejihersen's I always take the bye-road. I should not think anyone would take that road without a signal. To Mr Parcell: I would attempt to pass a car there, but I would be on the watch. I do not remember anyone straightening his leg. I could see there had been a skid. I did not hear the ( father say, it's happened at last.

Whenever I meet M'lnnis on the road he-always slows down. I have never heard of Mm scorching. M. P. M'Ginnis, father of plaintiff, stated I was watching the road and heard a horn blowing. He would be a boot 15 chains away. Hesson's Minerva then ran past the defendant's ear. He eonld see the motor-cycle about 150 yds behind.. He watched the three of them going along and estimated that the motors were travelling at between 25 to 30 miles per hour. It appeared that Fishe; was slowing down and that -nous was increasing his speed. He saw Fisher turn his car and then saw Mons on the ground. He took measurement from where he applied- the brakes to where he struck the ear, 36ft direction of the skid from 'right to left on an angle. Cars usually do 30 to 40 miles along this road. Several ears passed up and down dur- ' ing the afternoon over the skid. Mr M'Pherson, Mr By an and Mrs Fisher were in the defendant's car. When the inspection was made it' would be difficult to distinguish the marks in places. He never saw anyone take that turn before. He said to Fisher why did you not take the other road and the reply was that he was shut off by the Minerva. The latter was ahead doing 30 to 35 miles and Fisher would be travelling at about 25 miles. The Minerva speeded iip to pass Fisher. He could hear the eyele stop. When the aecideat happened the front car would be about 150 yds ahead. Mr M-'Ginnis said he had ao complaints about Mons. He charged him for his board. To Mr Sunderland: I measured up a second time and on both occasions the result was the same. Mr Ryan also took some measurements. There was

very little dust. Fisher did not make any other remarks to me when I said he should have taken the inside road.

To the Magistrate: The full width of the road is two chains and the graded part is 24ft to 25ft wide.

John Prater said he knew the road leading to Mr Maepherson 's farm as he had been driving in and out for the ' past two years. He always used the inside road next to M'Ginnis's. He would never look for anyone' to take off the main road and he would take it us an indication that Fisher' was moving out to let him past. I have not seen any tracks over there. ' If it was necessary for me to take, that road I would certainly stop and let anyone past He said .that he had never heard that the M'Ginnis boys have a record for speeding. Lan Prater said he knew Maepherson's farm and had occasion to go there frequently and always took the road that runs parallel with the main road. He would be surprised at anyone taking the main road. George Hesson stated that he was driving the Minerva. Fisher did not give any sign that he wanted to turn into the side road. He did not slacken the speed any. He tooted the 'horn before passing him. He would travel 50yds to 70yds after he got the word to stop. Witness said he always used the side road when going to Maepherson's. He drove Mons to the hospital. He had been on the road behind Mons and had always known plaintiff to be a careful driver. To Mr Parcell: As I came alongside Fisher he moved out and I got past. Clarence Booney said that Fishe made no sign that he wanted to take the inside road. The windows of his car were up when we passed him. It would be 300 yds from where we passed Fisher to where the accident occurred.

To the Magistrate: There was a mark where the handle of the cycle hit the ft ' car and swung the bike round. If the man in front did not signal to go into a side road I would take it for granted thafr lie was going on. I would not ' consider that this track was a road at | all. Harold Scott said he was in the front car and saw Mons coming along. He was travelling along on the right hand side behind Fisher's car. If any sign was given he did not see it. It would be about 150 yds' from where the Minerva was to where Fisher's car turned j round to the right and the cycle shot into it. There was not much dust about. He witnessed the impact and saw Mons fall off. He was looking out of the, back window of the Minerva. To Mr Parcell: It would Have been all right if the motor car had not turned. There was no dust to prevent his view. M'Ginnis and the cycle were together in the middle of the road. , ' John E. Thompson said he had never known anyone to use.this turn before and he had been about 'there for three years.

To Mr Parcell: I would be surprised if any one tried to go there as there is no road definite road. James M'Ginnis (brother of plaintiff) and Laurence Ryan also gave evidence. At this stage the hearing was adjourned sine die.