DUTY IN STREETS

Dominion, Volume 24, Issue 50, 22 November 1930, Page 13

DUTY IN STREETS

Pedestrians Warned

A PROPER LOOK-OUT

Claim on Motorist Fails

That it is necessary for pedestrians as well as motorists to, exercise care in .the streets was shown in the Magistrate’s Court by Mr. E. Page, S.M., who disallowed a claim by a pedestrian against a motorist for damages, mainly because plaintiff had been guilty of contributory negligence. “It is the duty of pedestrians crossing narrow streets such as we have in Wellington, to see that the road is clear,” said the magistrate.

Plaintiff was William Lingard Grinlinton, labourer-, of Wellings ton (Mr. Goodwin), who claimed from William Ernest Brice, taxidriver, of Wellington (Mr. Leicester), £lOl/10/3 damages for being run down and injured by defendant’s car on July 5 last. The allegations of .negligence made against defendant were: Excessive speed, failing to keep a sufficient look-out, failing to keep on the correct side of the road, failing to avoid plaintiff, and falling to have his car adequately lighted. Evidence called for plaintiff showed that defendant’s car was travelling very fast and swerved toward the wrong side of the road. Plaintiff was found lying about the centre of the two sets of tramlines in Willis Street. Mr. Leicester applied for a non-suit on the ground that plaintiff could have avoided the accident by exercising proper care, but the magistrate reserved the point until he had heard the evidence. Defendant’s evidence was that he saw plaintiff on the footpath and had no reason to think plaintiff would attempt to cross the road. Plaintiff had walked into the left rear portion of the car. The vehicle was lighted, and its speed was not more than 15 miles an hour.

In giving judgment for defendant, with costs, the magistrate said that plaintiff had failed to discharge the onus upon him to prove negligence on the part of defendant, On ■ the other hand, there was evidence that plaintiff had been guilty of contributory negligence. . Down to the point of the accident he might have avoided it by keeping a proper look-out