ACCIDENT ON NORTH ROAD

Press, Volume LXXXIX, Issue 27035, 9 May 1953, Page 8

ACCIDENT ON NORTH ROAD

CLAIM FOR DAMAGES FOR INJURIES CYCLIST AWARDED £496 A jury in the Supreme Court yesterday found that an accident on the Main North road at 7.20 a.m. on July 17, 1952, was due to negligence on the part of both the plaintiff and the defendant in a claim for damages. The case, heard before Mr Justice Northcroft and a jury, was one in which William Phillips, a stablehand (Mr E. S. Bowie), claimed £1250 general damages from James Horace Maffey, a factory supervisor (Mr R. Twyneham), for injuries suffered in a collision between the bicycle ridden by Phillips and a motor-car driven by Maffey. The jury found that Phillips was negligent in riding an unlighted bicycle and failing to take reasonable care knowing that the car *was going to make a right-hand turn. They found that Maffey was negligent in failing to keep a proper lookout and in cutting the corner. The proportions of negligence were Phillips 45 per cent, and Maffey 55 per cent. The jury put the amount of damages in any event at £6OO.

Special damages of £302 8s 6d.had been agreed upon and his Honour gave judgment for Phillips for £496 6s Bd, this being 55 per cent, of the total of £6OO, and £302 8s 6d. Phillips was also given judgment for costs. Case for Plaintiff Phillips was 66 on the day of the accident, his birthday, July 17, 1952, said Mr Bowie, stating the case for the plaintiff to the jury. He left his home in Weston road about 7.5 a.m. and cycled north along Papanui road to Grassmere street to his work in the stables of the Devonvale Dairy Company. He travelled slowly, at no higher speed than seven miles an hour. As he approached Langdons road, which was on his left and led to the Firestone company’s factory, he saw a car approaching about two chains away. Just as Phillips entered the intersection he saw the traffic indicator flick up on the car, indicating that the car was going to turn right into Langdons road. He expected the car to pass behind him but, to his amazement, he saw the car cut the corner and bear down on him. He attempted to swerve to the left but was struck by the right-hand front of the car and he suffered a broken leg. He was unable to work for seven months because of his injuries. He would suffer some permanent disability. The sun rose at 7.42 on that day, and the accident happened 20 minutes before sunrise, said Mr Bowie. It was true that Phillips did not have a light on his bicycle but it was not required by law, the time being within half an hour before sunrise. Visibility was good. There was fog in patches but it was not dense. It was alleged on that evidence that the accident occurred through the negligence of Maffey. Phillips gave evidence and other witnesses called were Rex Blunden, a surgeon; Archibald Bruce Mackenzie, an orthopedic surgeon; and Leslie Maurice Blackbum, a garage attendant The Defence Mr Twyneham said there was going to be a sharp conflict of evidence, as was usual in such, claims. Maffey daily made the trip from his home at Bel-

fast to his work at the Firestone company’s factory. Conditions were very bad pn the morning of July 17 anq Maffey would say that he had to drive at a very slow speed all the way from Belfast, never getting above 15 miles an hour. Approaching Langdons road, the visibility was shocking, it was dark, and he was unable to see anything ahead of him until he made the turn into Langdons road. More than 100 yards before the intersection he put on his illuminated traffic indicator—he had his headlights on all the way. He kept well on his correct side and just as he turned into Langdons road he saw the bicycle right across his bow. Maffey could do nothing more than apply his brakes hard, but he was unable to stop before he hit the cyclist. Counsel said he would submit that the accident was solely due to Phillips riding an unlighted bicycle in bad conditions and he was the sole author of his own misfortune.

Evidence on those lines was given by Maffey and supporting evidence by Clarence Thomas Day, ambulance driver, and James Hanlon Gill, retired police constable. Counsel addressed the jury and his Honour summed up. The jury retired at 4 P” 1 - and returned at 5.25 p.m. with their decision.