DAMAGES AWARDED

Evening Post, Volume CIX, Issue 119, 22 May 1930, Page 11

DAMAGES AWARDED

MAJ* STRUCK BY MOTOR-CYCLE

'Damages amounting to £237 7s for injuries received when, he was struck by a motor-cycle last December were awarded to Patrick Smith, a garage attendant, by his Honour Mr. Justice Blair in a reserved judgment delivered to-day. The, rider of the motor-cycle (and the defendant in. tho action) was William Keith Wiekens." . The" plaintiff was stooping down. dn;thc ; , roadway in Wakeflold street: examining a motorcycle when ; he was struck by tho defendant's machine. ,

His Honour! said that the statement made to the police by the defendant after the accident appeared to bo unsatisfactory, as it really amounted to no proper explanation why he struck the plaintiff, when he had a clear view and ample room to avoid Mm. The length of skid then mentioned connoted excessive speed, and thero was also an unnecessary introduction of the application of brakes, which would not have been called for had the speed been what the defendant said it was. At the hearing, the defendant reduced the distance- of the ski 3, and alsp said that the skidding'started before he applied his brakes. He, had admitted to the police on the day of. the accident that he could have stopped by applying, his brakes, and at; the* trial he made an admission practically to the same effect. His .Honour said that ho did not think the contradictory statements made by , the defendant satisfactorily answered th© implication arising from the circumstances of the accident. Ho inclined to the view that' the defendant's speed'must have been greater than he thought. The statement made by the defendant immediately after the accident contained clear admissions of negligence. The case as made out by the plaintiff was a'substantial one of proof of negligence, and notwithstanding the evidence of | the defendant, said" his Honour, he ifound negligence proved. Contributory I negligence had been pleaded, but he did not think' it had been established.

Judgment was given for the plaintiff for £237 7s, the general damages being assessed at £15. ■''•';■

At the hearing, Mr. F, W. Ongloy, with him Mr. C, H.. Arndt, appeared for the plaintiff, and Mr. P. B. Cooke was the- defendant. ' ,