CYCLIST HURT.

Auckland Star, Volume LXVIII, Issue 267, 10 November 1937, Page 5

CYCLIST HURT.

CLAIM FOR DAMAGES.

ONEHUNGA ACCIDENT.

NEGLIGENCE DENIED. The liearin<r of a claim for £.">9 12/ special and £"•"><• general damages, brought by .lames Cairn*, of Onehun;>a. a boror.ph council employee. against Edivarcl William Ford hain was bejriin in the Supremo Court to-day before Mr. •Justice Callan and a jury of 12. Mr. Haiirh a]>|ieared for the plaintiff and Mr. West for the defendant. The claim aro.se out of an accident at the corner of Arthur and Albert Streets. Onehun<;a. on April 1(5 of last year, when a bicycle ridden by Cairns and a motor car driven by i'ordham came into collision. The plaintiir claimed that as a result lie suffered serious head injuries, concussion, bruises and abrasions, shock and nervousness, and was now able to do only lijjht work. The defence denied nejjliiivnce on tlie j part of the defendant, and claimed the accident was caused, or contributed to. by the nejiliireilce of tin- plaintilf. Employed as Ranger. Mr. HaijJi. in opening the case for the plaint ill. said Cairns was (<2 yea,rs of aire. ; and at the time of the accident was cm ploy id as ranker and do«; registrar by the (• nchiinua Council. lie also did some work for the One Tree Hill I'oroufih ( ouncil. About ."> p.m. on April lli of last year the plaintiff rode his bicycle ahmjr Arthur Street, but hail no recollection of what happened after that. However, three independent witnesses would »ive evidence to show that plaintiff was on his correct side. Ih y saw the defendant's car coming down Albert Street on its wronjr side, and the driver appeared to be talking to a man on the seat alongside him and not looking ahead. On reaching the intersection of Arthur and Albert Streets the plaintiff turned his cycle sharplv to the left, but liefore he had made the complete turn defendant's car came across the intersection, and the runninjjhoard struck the front wheel of the bicycle. Ihe car. the witnesses would sa\. continued on its wronjr side down Albert Street, and pulled up near the kerbiii" on the wron- side. The plaintiff went a few yards after his bicycle was struck, and then crumpled up on the road. As a result of the injuries he received plaint iff had been totally disabled fro-l April l(i to Au«ust 24.' 1»3«. and from the latter <late to the present time had I een partially disabled. Mr. Haijfli said he would call medical evidence to show that plaintiff's working life ha<l been shortened by from five i to seven year*. Offered to Settle. | The plaintiff <xa\e evidence, and in ! reply to Mr. West said he did not know that m July last James W. Taylor, then a.-ent for him, had offered to settle for 1 £.">OO. Henry Herbert Wardle. engineer, said! he saw the accident and e\i<len<-» on the Pnes of Mr. Haiuh's opening In answer to Mr. We<t the witness saul that had the cyclist <wcr\ed to the left a little earlier he would pn.Vablv liave missed the car. but. the car was fairly close when lie swerved. If the jcar Ila d swerved to the left it could easily have <rone behind the evclUt. TTe admit ted he must have lioen nil-taken if the person sitting alongside <!efendant was a woman and not .i man. Dr. 11. L. de 1?. Xoakes said lie had known Cairns some years and considered that as a result of the injuries received the working life of Cairns would be shortened five or six vent's. The hearing is proceed i tig.