DAMAGES CLAIM.

Auckland Star, Volume LXIV, Issue 114, 17 May 1933, Page 3

DAMAGES CLAIM.

SHAREMILKER'S INJURIES. COLLISION AT WAIUKU. Damages amounting to £058 arising, out of a collision between a motor cycle and a motor car near Waiuku in January of last year were claimed by Victor Stanley Aspiri, shareinilker, aged 21, of Waiuku, from Augustus Selwyn Vaughan, builder, of Waiuku, before- Mr. Justice Herdman and a jury in the Supreme Court this morning. Mr. E. J. Prendergast appeared for plaintiff, and defendant was represented by Mr. F. L. G. West. The accident happened on January 29, 1032, on the Taitimu-Waiuku Road. At the time of the accident Aepin was riding a motor cycle and Vaughan was driving a motor car in the opposite direction. It was alleged that the accident was due to defendant's negligence in that he failed to give an adequate signal; that he failed to keep to the left side of the road; and that he failed to keep a proper lookout, or give way to the plaintiff. Special damages totalling £158 included £50 hospital expenses and £99 loss of earnings. A sum of £500 general damages was also claimed. Negligence was denied by the defendant, who alleged contributory negligence, in that Aepin was riding on the wrong side of the road at an excessive

speed. Mr. Prendergast said the accident happened on a practically flat stretch of road. There was a slight down grade. It would be shown that plaintiff was travelling at an average speed, but the road was limited, because of tea-tree and grass growing on either side. The front right wheel of the motor car had struck the handle of the motor cycle, and the wheel of the car finished on the motor cycle. As a resxilt, Aspin had received a serious fracture of the ankle and would suffer permanent partial disablement. Evidence is being heard.