CLAIM FOR £3334.

Auckland Star, Volume LXIX, Issue 192, 16 August 1938, Page 11

CLAIM FOR £3334.

INJURED CYCLIST.

NEGLIGENCE ALLEGED.

DRIVER JDEWIES COIXISION.

(By Telegraph.—Prees Association.)

CHRISTCHURCH, this day.

The hearing was commenced at the Supreme Court to-day of a claim brought by Thomas Edward Ward, of Sumner, a seaman, against Edythe Genista Kempthorne, married, for £3334 damages, alleging that he was injured in a collision between the motor cycle he wae riding and the motor car owned by Mrs. Kempthorne, and driven by her authorised agent. The accident took place on the Evens Pass Boad, between Sumner and Lyttelton. The plaintiff alleged negligence, in that Harold Kempthorne had either stopped, or was driving the car slowly on the incorrect side of tho road: that he waß not showing the proper illumination" from his lamps; and that he failed to eteer clear of plaintiff's motor cycle, or give due warning of his approach and position on the highway. The injuries suffered had resulted in permanent partial disablement, including permanent deafness of the left ear, partial deafness of the right ear, and partial blindness of the right eye. The defence was a complete denial of the collision. Counsel for the defence, Mr. C. S. Thomas, said it was admitted that the car wae on the road at about the time of the accident, but denied that there was a collision. Mr. R. A. Young, for plaintiff, eaid that it was not suggested that it was a straight-out "hit and run" case. The evidence of other witnesses would show that the car wae making such a noise that the drivcT might not have been aware of the collision. Projections on the motor cycle fitted exactly into the marks on the car. (Proceeding.)