£640 CLAIMED.

Auckland Star, Volume LXX, Issue 108, 10 May 1939, Page 12

£640 CLAIMED.

REMUERA COLLISION. MOTOR CYCLE AND VAN. LABOURER'S KNEE INJURY. Sequel to a motor cycle accident in Remuera Road on February 22, 1938, a claim for £640 13/7 was beard in the Supreme Court this morning before Mr. Justice Fair and a jury. Plaintiff was William Ancel Reynolds, labourer, of St. Heljer's (Mr. Jordan), and defendant Ronald George Orr, of Mount Eden, motor driver (Mr. West). It was alleged by plaintiff that about 4 p.m. he was riding his cycle, with sidecar attached, along Remuera Koa4 away from the city. When he reached a point nearly opposite the junction of Xgapuhi and Remuera Roads the defendant, without giving any indication what lie was going to do, entered Remuen Road in his van and turned to proceed in the same direction as plaintiff. Plaintiff tried to avoid a collision by applying ],j s brakes and inclining to his right. This bought him to the opposite side of the road, where the camber of the road caused his motor cycle to capsize and strike a stationary car. He claimed that defendant had been negligent and responsible for the taxident. Plaintiff suffered- a fractured kneecap, which had to be removed, resulting in a stiff knee. This prevented him following his normal vocation. He claimed £150 general damages, £184 10/ loss of wage*, £200 for hie inability to bend his knee, and £106 3/7 hospital and medical expenses. The defendant issued a general denial and etated further that plaintiff was responsible for the accident, in that he rode the cycle at an excessive speed, failed to keep a proper look-out, failed to keep proper control of his cycle, and' failed to keep as far ae possible to the left side of the road. Plaintiff Gives Evidence. Mr. Jordan said that plaintiff h»4 been travelling at his usual speed of between 23 and 25 miles an hour. In evidence Reynolds said defendant's van was travelling at a fairly slow paee. Plaintiff did not swerve earlier because l»e expected the van to stop. Orr did not appear to take any notice of him, Plaintiff mounded his horn just before the intersection. Cross-examined by Mr. West, plaintiff said he had reiied on his right of way. If he had applied his .brakes when he first saw the van he could have stopped before the intersection. If there had been no car coming up on the other side of the road his cycle would have got past the van safely. Dr. Morris Axford said Reynold? would suffer a permanent restriction in the range of movement of his knee. At present he could bend his le>* to an angle of 90 degrees. Mr. West submitted that there was insufficient evidence to go to the jury, and moved for a non-suit. His Honoreserved this point. "I have never seen su:-li slender evidence placed before a jury in such a case," said Mr. West to the jury. Ha contended that the real cause of the accident was the inability of the motor cyclist to take a difficult corner. Defendant said he came out of Ngapuhi Road at between 10 and 15 miles an hour. He considered the cycle to be travelling about 35 miles an "hour. The cycle had not been near his van. (Proceeding.)