MOTOR CYCLE ACCIDENT.

Auckland Star, Volume LIII, Issue 295, 13 December 1922, Page 13

MOTOR CYCLE ACCIDENT.

BOTH PARTIES SEEK DAMAGE*. Mr. W. R. McKean, S.M.. had to decide a claim and counterclaim arising out of a man 78 years of age being knocked down by a motor cycle. Adam Chapperton Fort, confectioner ('Mr. J. F. W. Dickson), sued Cecil H. Tooley (Mr. Gatenby) to recover £150 general damages and £22 special damagesPlaintiff was knocked down by a motor bicycle on August lfi. He claimed the accident was due to the negligence of defendant. A counter claim' was entered for £41 S/G special damages, and t'loo general damages. The evidence showed that both plain - tifl and defendant sustained serious injuries. The" plaintiff was six weeks in bed. and defendant had eleven teeth extracted, and has still to undergo an operation. The defence was that plaintiff walked into the motor cycle after defendant had swerved to avoid him. Mr. McKean held that defendant had the last opportunity of avoiding the accident, as he stated he had plaintiff in his sight for quite a distance. Judgment was .given for plaintiff for £16 2/ special damages and £30 general damages, with coßts. Costs were also allowed plaintiff on the counter claim.