CYCLISTS DEATH.

Auckland Star, Volume LXIII, Issue 208, 2 September 1932, Page 3

CYCLISTS DEATH.

WIDOW AWARDED £200. MOTORIST DENIES NEGLIGENCE. The case in which Catherine Lynch, widow of Robert Lynch, claimed £1000 damages from David Silk, jeweller, in respect of the death of her husband was concluded at the Supreme Court yesterday, before Mr. Justice Herdman and a special jury of 12. Plaintiff claimed that her husband's death was due to negligent driving by defendant. Lynch was riding a bicycle in Quay Street on March 4, 1931, and he was knocked down by defendant's motor car. He received head injuries, and was taken to hospital. At intervals after the accident he went back to work, but died in hospital on April 24 last. The defence was a denial of negligence, defendant stating that the accident was due to the cyclist crossing in front of the car without giving any indication of his intention to do so. Giving evidence, defendant eaid when he came along Quay Street there was no traffic on the road. He noticed the cyclist when he was about 300 ft from him. He was riding with his head inclined to the right, and was not_ sitting erect. Witness kept clear of him and left about 12ft between thejn. When he was about 15ft behind him _ the cyclist swerved suddenly to the right. Witness also swerved to the right, but could not avoid a collision. He did not see how Lynch struck the car. He thought he had avoided him, but heard a crash and went back to see the man. Cross-examined, witness said he was not driving directly behind the cyclist. He denied having told Constable Paterson that he did not see the cyclist till he was right on top of him. The cyclist swung sharp round in a curve. The moment he did that witness also swung to the right. Queenie Silk aud Frank Lloyd Did' dams, passengers in the car, gave evidence that the cyclist swerved suddenly and struck the side of the car. Summing up, his Honor said no claim could be made by the widow for the pain or suffering of her husband, or for medical expenses, but only on the ground of loss of possible pecuniary benefit. . The jury found for plaintiff., awarding £200 damages. Judgment was not entered, the case being adjourned to allow further argument, if desired, on a nonsuit point.