DOGS ON ROAD.

Auckland Star, Volume LXX, Issue 116, 19 May 1939, Page 9

DOGS ON ROAD.

ACCIDENT FEATURE.

CLAIM BY A CYCLIST,

The unusual feature of the presence] of dogs on the road at the time of a 1 collision between a cyclist and a motor truck figured in a claim for damages heard in the Supreme Court to-dav before Mr. Justice Fair and a jury. -Albert Sydney Lewis, labourer, of Puriri (Mr. Garland), the cyclist, who Lad suffered a broken leg in the collision, which occurred near the Puriri alley Road on the Thames-Paeroa main highway on September 17 last, claimed from Alfred Smith, contractor, Thames (Messrs. Xorth and Cleal), driver of the tiuck, £156 special and £750 general damages.

Mr. Garland said evidence would show that the defendant was cycling at 1 p.m., on a push-bicycle, along a straight country road, preceded by three his left and one dog on his rightf As the truck driven by defendant came towards him the dog 011 the right started to cross the road. The defendant swerved to avoid it, but struck it and went 011 right across the bitumen. Plaintiff swerved to the right to avoid the truck, but defendant also swerved to his left at the same time, and a collision occurred almost iu the centre of the road.

Counsel said that in addition to the allegation of negligence on plaintiff's part in the matter of keeping to the correct side of the road, the defence set np novel legal points in alleging that plaintiff failed to control his dogs, and that the plaintiff committed a nuisance !>v permitting his dogs to be on the road not under control. These points, counsel submitted, were irrelevant to the issue of negligent driving. Evidence was given on the lines of counsel's statement.

t h e defence, Mr. North submitted that there was no negligence on defendant's part in making a swerve to avoid a dog and immediately swerving back to the correct side of'the road.° Defendant gave evidence that after swerving to avoid the dog and back again he found that the plaintiff on his cycle had swerved from bis correct side of the road right in front of the truck Witness swerved away from the cvclist and put on the brakes, but the cvclist was struck.

The case is proceeding.