CITY COLLISION.

Auckland Star, Volume LXII, Issue 202, 27 August 1931, Page 9

CITY COLLISION.

PEDESTRIAN'S CLAIM FAILS.

Judgment was given for the defendant in a C elaim by a pedestrian in the Supreme Court, before Mr. Justice Herdman, yesterday for £1070 damages against" a motorist, as a sequel to an accident in Customs Street East last September. The plaintiff was Thomas Russell, ironmoulder (Mr. Fleming;, and the defendant was Raymond William Marson. piano tuner and repairer, of Mount Eden (Mr. R. S. Burt).

Defendant gave evidence that he was following another car along Customs Street, when he suddenly noticed the plaintiff about a car's length ahead of him. He helped to carry Russell to the footpath, and said there was a strong smell of liquor about him. Defendant said his windscreen wiper was working effectively, and denied that he had mad;: an? statement to the contrary.

A constable who accompanied plaintiff to the hospital said his breath smelt of liquor.

His. Honor said that, in view of a conflict of evidence of material point:.-?, he could not accept the responsibility of finding for the plaintiff. Motor car drivers were under a duty to exercise reasonable care, but there was the same duty upon a pedestrian.