DAMAGES CLAIM.

Auckland Star, Volume LXVII, Issue 174, 24 July 1936, Page 8

DAMAGES CLAIM.

MOTOR CYCLIST HURT. . i NEWMARKET COLLISION. NEAK SILENT POLICEMAN. Injuries received by a motor cyclist, William Eussell Edelsten, aged 21, electrican, of Otahuhu, in a collision with a taxi at the intersection of Remuera

Road and Broadway, on the night of March 10, IS>35, led to a claim for £503 damages being brought in the Supreme

Court to-day against William Mac-

Donald, garage proprietor, of Putaruru. The action was heard before Mr. Justice Callan and a jury. Mr. Haigh appeared for the plaintiff and Mr. Finlay and Mr. Jacob for the defendant. The accident occurred just after midnight, when the plaintiff and a companion, Gordon Webber, after attending a dance at Newmarket, had set out for Otahuhu, said Mr. Haigh. They were proceeding slowly at a speed of about 12 miles an hour about 20 feet behind the taxi, which was travelling at about the same speed. When the taxi reached the silent policeman, without any warning from the defendant, alleged . counsel, it turned to the right around the silent policeman. The plaintiff thought he could ayoid a collision by turning to the right in a semi-circle, but a" collision occurred when both vehicles were' almost at a standstill.

Plaintiff's left leg was struck by the front right mudguard of the car. His companion was not injured. As a result of the accident plaintiff was totally incapacitated until the following November, and in January of this year had again to go into hospital. He alleged that the defendant failed to comply with the. regulation requiring liim to indicate his intention to turn by extending his right arm, and that he gave the plaintiff no warning of his change of direction. Plaintiff claimed £206 for loss of wages, £250 general damages, medical and hospital expenses, making a total of £503. .

The plaintiff gave evidence in accord with counsel's opening. His statement that the defendant did not put out his hand was corroborated by G. E. Webber. "The defence witnesses will say that the description given by the plaintiff ic not what happened at all." said Mr. Finlay, when plaintiff's case had closed.

The defendant, in evidence, said he had his hand out for quite a distance before he turned. He did not see the motor cycle till he was turning. The. cyclist was then about 15 yards behind and was leaning down and not looking ■where he was going. Witness stopped hifl car and the cycle came on and hit the bumper. (Proceeding.)