UNLIGHTED CAR.

Auckland Star, Volume LXVII, Issue 181, 1 August 1936, Page 16

UNLIGHTED CAR.

STRUCK BY CYCLIST.

AWARD OF £1259 DAMAGES.

ACCIDENT NEAR MERCER,

A motor cyclist Ilolford Stewart, aged 20, who ran into the back of an unlighted

stationary car on the Great South Road, between Mercer and Te Ka'.iwhata, in December last year, was awarded £12;>9 damages in the Supreme Court yesterday afternoon. Before Mr. Justice Fair and a jury, Stewart, a tally clerk in the Auckland Freezing claimed £1500 general damages, and £297 special damages from George Alfred Francis. Hancock, grocer, of Penrose, the driver of the ear which was struck. Mr. Ilolmden appeared for the plaintiff, and Mr. Towle for the defendant. The defendant admitted that his lights were turned off while he was endeavouring to start the car. He had drawn to the side of the road owing to engine trouble and the plaintiff struck the rear of his car. Mr. Towle contended that it was clear that the plaintiff had not kept a proper look-out and he had broken the requirement that he had to be able to stop within half the range of his vision. Mr. ITolmden said it was unreasonable and obviously dangerous to leave a dark car unliglited 011 the road. That, lie said, was the whole cause of the accident. A breach of the motor regulations was prima facie, but not conclusive evidence of negligence, said his Honor. Was there any circumstance which excused the defendant for turning off his lights? If that was negligence then the jury had to decide whether it was the cause of the accident. The jury found for the plaintiff and awarded him £1000 general and £250 special damages. His Honor entered judgment accordingly, and Mr. Towle was allowed 14 days in which to move for a non-suit or apply for a new trial.