TAWA FLAT COLLISION

Dominion, Volume 24, Issue 189, 8 May 1931, Page 11

TAWA FLAT COLLISION

Car and Motor-cycles

CLAIM FOR DAMAGES

A collision involving three motorcyclists and a driver of a motor-car, which occurred at Tawa Flat on January 4, led to the claiming of damages by one of the cyclists. The claim ,was heard by Mr. Justice Blair and a jury at the Supreme Court yesterday. Charles Wilson Little, a postal messenger, of Wellington (Mr. Jaimes) claimed £614/1/6 from Lyell Rolston, labourer, of Tawa Flat (Mr. Parry) for injuries to himself and his motor-cycle through defendant allegedly negligently driving his motor-car. The claim was made up of £36/6/- for medical and hospital attention, £26 cost of repairs of plaintiff’s motor-cycle, £36 for loss of wages, and £5OO as general damages. Negligence was charged against defendant in that he failed to give warning of his approach from the paddock on to the road, failing to keep a proper lookout, failing to give way to traffic approaching from the right, failing to keep to the proper side of the road, negligently colliding with another motor-cycle, and backing his car after the collision without keeping a proper lookout The defence was a denial of negligence, and a charge of negligence against plaintiff of driving at an excessive speed, and endeavouring to pass defendant’s ear on the left side of the road. Dr. W. S. Robertson stated that he had examined plaintiff on May 6, and found that he had a large wound, which was still discharging, on the top of the right foot. It was likely that plaintiff had permanently lost the spring from his step. Dr. Gillies agreed with Dr. Robertsons diagnosis of plaintiff’s present condition. He did not think that plaintiff would be able to continue his work as a cyclist TYIPRSPTI?Pr. Dr. E. W. Giesen considered that the disability which plaintiff was suffering from would diminish as time went on. He would have a permanent limp, but should be ablMo ride a bicycle in time. Plaintiff’s Evidence. Charles Wilson Little, plaintiff, said that defendant’s car suddenly shot across the road as four motor-cyclists were coming along the road. Haslam, the first cyclist, managed to get through, but Adcock, the second cyclist, hit the motor-car, and went into the ditch. Tew, who came next, kept to the left, while witness, who followed. also attempted to pass on the left. As Tew and witness were about to pass the car, defendant’s car jumped back, struck witness's motor-cycle, and knocked it into the ditch. Defendant gave no warning before he darted out of the gate. The motor-cyclists were travelling at from 25 to 35 miles an hour at the time of the collision. As the result of the injuries he received, he was in hospital for eight weeks. Witness had been' employed for the past two years by the Post and Telegraph Department as a messenger at 30/a week, and had been informed that unless he resumed work by July 31 his position would be filled. . . , r Arthur Tew, mechanic, one of the four motor-cyclist? concerned in the collision, said he was third in the procession at the time of the collision. He first saw defendant’s car coming out of the Recreation Ground, and at once closed his throttle, changed into second gear, and applied his brakes. Witness attempted to pass on the left, but defendant’s car came back suddenly across the road, and witness had to swerve into the ditch to avoid it. He heard the crash when Wilson’s motor-cycle hit the car.

William Henry Bowen, garage-proprie-tor, 'said that before coming to New Zealand he had been in the Sunbeam research and experimental department. Travelling nt 30 miles an hour, he estimated that a car with good brakes would pull up in 32 feet. He had made tests that day with a motor-cycle, and had found that a cycle travelling at 25 miles an hour could pull up in 48ft.: at 30 miles at hour, 63ft.: and at 35 miles an hour 75ft. , k George McNamara, secretary of the Post and Telegraph Department, said plaintiff had been granted sick leave by the department up till the end of July, and could resume his duties ns messenger provided he wns fit to carry out the duties. The case will be resumed at 10 o clock this morning.