YOUTH'S INJURY.

Auckland Star, Volume LXVII, Issue 185, 6 August 1936, Page 8

YOUTH'S INJURY.

CLAIM FOR DAMAGES. COLLISION NEAR HOWICK. INCIDENT NEAR CORNER. A collision between a young motor cyclist, Lionel Douglas Rye, aged 18, anil a motor car, at the intersection of Auckland's Beacli Road and the main Howick road, on t'e.e morning of November 10, 1935, was the subject of a claim for £837 damage? in the Supreme Court to-day. The action wae brought by the boy's father, Gilbert Rye, farmer, of Paerata, as guardian ad litem, and was heard before Mr. Justice Callan and a jury. Mr. North and Mr. Mitchell appeared for the plaintiff, and Mr. Fiulay and Mr. Wallace lor the defendant, Thomas Casey, farmer of Buckland's Beach.

The cyclist sustained a fracture of the right leg, and it was claimed that he would be permanently incapacitated with a shortening of the leg. General damages of £750 were claimed, and £87 special damages. Cyclist Not Licensed. In outlining the accident Mr. North said that the cyclist did not have a license. That did not affect the position at law, though it w<fuld no doubt be contended for thy defence that it had to be taken into consideration as affecting his capabilities as a rider. The youth was riding towards Howick, and defendant was coming towards him at a comer. It appeared to the cyclist that the car, as it swung round the corner, would take up the majority of the concrete. Unexpectedly the car cut across into Buckland's Road and struck the cyclist. The motorist, alleged counsel, did not give any warning of his intention. The real question for the jury was whether the cyclist, by displaying reasonable skill, could have avoided the accident, and what was the effective cause of it. Mr. North added that the cyclist had sustained a second fracture of the limb when exercising it after treatment. Negligence Alleged. The defence contended that the accident was caused by the negligence of the cyclist in riding at an excessive speed and failing to observe the statutory duties in the circumstances of the case, and that the cyclist had the last opportunity of avoiding the accident. . (Proceeding.)