COMPLICATED CASE

Evening Post, Volume CXV, Issue 14, 9 May 1933, Page 9

COMPLICATED CASE

COMPENSATION CLAIM

A PEDESTRIAN'S DEATH

On behalf of Ada Elizabeth Ibbotson, widow of Arthur John Ibboteon, for many years a builder in Wellington, Cyril Arthur Ibbbtson, fanner, of Whangarei and executor of his father's will, claimed £2500 compensation and £50 19s 9d, hospital and funeral expenses, in the Supreme Court today, from Lance Godfrey Edwin Barnes, a driver, and Tom Gordon Gault, motor mechanic, as a result of fatal injuries received by Mr. Ibbotson, sen., in an accident near, the Town Hall last year. The case, which was heard by Mr. Justice Ostler and a jury, was brought under the Deaths by Accident Compensation Act). 1908. Mr. 0. C. Mazeiigarb appeared for the plaintiff and.Mr: W. perry for the defendants."' ' The statement of claim set out that on December 12, last year, Arthur John Ibbotson: was walking in a southerly direction across the intersection of Cuba and Wakefield Streets, Barnes, was riding a motor-cycle along Cuba Street in a northerly direction and proceeded to turn to .his left into "Wakefield Street, and, a servant or agent of the second-named defendant, at the same time, was driving a motor-car along Wakefield Street in a westerly direction across its' intersection with Cuba Street." It. was contended that the first-named defendant and the driver of the motor-car so1 negligently and unskilfully managed and controlled their respective .vehicles that, they collided with Mr. Ibbotson, or with one another, or, alternatively, that one of the vehicles knocked the deceased into the other. Each of the defendants, continued the. statement of claim, alleged that,the accident wasdue to the negligence of the driver of the other vehicle. As a result \ot ■" the accident Mr. Ibbotson received injuries frpm which he died, without regaining consciousness, in the Wellington Hospital on December 20. He was the sole support of his wife. STATEMENT OP DEFENCE. Except that it was admitted that one of the vehicles struck the deceased, the statement of defence, in the first place, gave a general denial of the allegations by the plaintiff. For a further defence, it was submitted there was contributory negligence by Mr. Ibbotson in that (a) he failed to keep a proper look-out for the approach of traffic before and while crossing Wakefield Street; (b) he hesitated and stopped in Wakefield Street so that it was impossible for either vehicle to avoid him; and (c) he failed to exercise reasonable care in 'crossing Wakefield Street so as to-avoid the vehicles or either of them. - Mr.'Mazengarb, in his outline of the plaintiff's case, said that Mr. Ibbotson was 62 years of age and Mrs. Ibbotson was 56. There was a difference of opinion among witnesses as to which vehicle actually knocked Mr. Ibbotson down, but from the point of view of the plaintiff it was said that o»e or other, or both, were responsible The accident happened shortly after 1 p.m. • •■ ■ ■ VERSIONS OF ACCIDENT. Frederic]!: Bernal-.d Coles, City Council trafiie inspector, fixed the point of impact 29ft down Wakefiold Street from the intersection. From the statements that had been made, his view was that the motorcar collided with the motor-cycle and between them they knocked Mr. Ibbotson down. An eye-witness, Frederick George Burrowes, said he saw the motor-cycle catch Mr. Ibbotson and throw him back on to the motor-car, which carried him along. Tho speed of the car was about 14 to 20 miles an hour; , the motorcyclist ''whipped round the corner faster than he* thought he.ought to have done.Another version of the accident was given by Maurice Joseph Daly, tramway, motorman, who described the course of tho motor-car as converging on the course of the motor-cycle. When the motor-cycle had turned the corner he saw the deceased hesitate and jump back,' and ho was then struck by tho motor-car. Kcplying to Mr. Perry, witness said that in his opinion tho motor-cyclist wont round the corner at a reasonable speed and in a safe manner, and whon Mr. Ibbotson jumped 'back ho had practically stopped. The motor-car was travelling at 20 miles an hour, or twice as fast as the motor-cycle. _ In answer to his. Honour, witness said that if Mr. • Ibbotson had not jumped back he would have been struck by tho motor-cycle. He did not think the deceased had seen the motor-car at all. Evidence by Ernest. Leslie Howo of the value of the.deceased's estate completed the caso for the plaintiff. , ■ • (Proceeding.)