CYCLIST'S INJURIES.

Auckland Star, Volume LXVI, Issue 269, 13 November 1935, Page 8

CYCLIST'S INJURIES.

LICENSE TEST MISHAP.

RUN DOWN WHEN TURNING

CLAIM AGAINST MOTORIST. . "The plaintiff at the. time of the accident was being tested for his license arid was under the eye of the inspector. In those circumstances the accident was somewhat unique," stated Mr. Goidstine when bringing a claim for £2428 damages on behalf of a motor cyclist against a motorist in the Supreme Court this morning. The plaintiff was Thomas John Taylor, aged 21, carpenter, and the defendant T. J. Newbery, solicitor, of Auckland. . The action was heard before Mr. Jiistice Fair and a jury. Messrs.. Finlay and Wallace appeared for the defendant. ,Thc circumstances of the accident, which ■ occurred on June 9, 1034, as explained by counsel, were that the plaintiff was riding.a motor cycle along Manukau Road and was in the act of turning to the right opposite the One Tree Hill Borough Council's office where the inspector was watching him. The defendant was driving'behind the cyclist and ran into him. The plaintiff, said counsel, had extended his arm when he prepared to turn and actually had his hand extended when he was picked up after the collision. The traffic inspector would testify that the cyclist extended his arm in . the regulation manner, said Mr. Goidstine. It was alleged that the accident was due solely to the defendant's negligence, in that he was not keeping a proper look ,out, was driving at an excessive speed and not sufficiently on his right side of the road. In consequence of the accident the plaintiff suffered -ar injury to his right leg, and had been receiving treatment for divers periods at the Auckland Hospital for a year and was still an out-patient. The limb, it was claimed, had been permanently incapacitated. Of the total sum claimed £2000 was general expenses and £428 special. Loss of wages in the latter total was estimated at £303. Plaintiff In Box. Plaintiff in evidence suid thut under instructions from the traffic inspector he had ridden towards Onehunga and returned to the borough council's office, where he was to turn. Before he turned he looked behind and did not see any vehicle. He then extended his arm to the right, and after travelling on for between 30 to 50 feet he brought his hand in to change gear. After this momentary break he again extended his hand and commenced to turn. Percy Henry Hollingsworth, traffic in spector to the One Tree Hill Borough Council, stated that the plaintiff gave the correct signal to turn. Witness suddenly saw a motor car about two lengths behind, travelling, in his estimation, at 30 miles an hour. There was nothing that witness knew of to -prevent the driver of the car seeing the signal from the cyclist. George Wade, motor mechanic, of Epsom, stated that he witnessed the accident. The cyclist, witness said, travelled quite 30ft with his hand out. When' struck, plaintiff's; right. hand was straight 'out. . i J; "- ■ John Gallagher, Svho "was .driving a milk lorry, said that the defendant's car passed him at between 30 and 35 miles all hour, then passed a tramcar, and continued along the tram lilies. Witness saw a motor cyclist ahead, and did not experience any difficulty in seeing the cyclist put his hand out. Dr. W. C. MeCaw said that plaintiff was now left with a very poor substitute for a foot, and was not fitted for his trade of a carpenter. (Proceeding.)