BOTH NEGLIGENT.

Auckland Star, Volume LXI, Issue 186, 8 August 1930, Page 8

BOTH NEGLIGENT.

CYCLIST AND MOTORIST.

SIGNALMAN'S CLAM FAILS.

"When Edward Francis Hickey, sj> a railway signalman, was riding.. to^' OL.'0L.' shortly ■ ibofore 11 p.m. on December •last,' lie collided with a motor car at W intersection of Great- Soutli Road an Mapau Eoad. He was seriously injury and was some lveeks in hospital.. At 1 .Supreme'. Court in May last*Hi<» J. claimed £933 damages from the motojis, Hugh C. Grierson, architect. Tlie ]®J disagreed, and the claim was' ag . argued before Mr. Justice Smith-yestei day, when judgment was given againplaintiff. It was alleged that de-fendent 'nas^oD his wrong side of the road, that- Ae _ driven .at an excessive speed, , he had failed to keep a propfer Iloo' The defence was that plaintiff ha guilty of contributory neglig elice . f attempting to cross in front of tnen car, in coming out of Mapau K° a ' too great- a speed, and in iaAing 'bicycle insufficiently lighted. After a retirement of three h'W 3 , jury found that both parties haa negligent, but were unable to say negligence caused the accident., < _ • . ■Judgment -was entered for defcn|®| with; costs'for both trials. \\ > Mr. Noble appeared for plaintiff , Mr, West for defendant.