CLAIM FAILS

Evening Post, Volume CXV, Issue 109, 11 May 1933, Page 13

CLAIM FAILS

ACCIDENT ON TERRACE

Special and general damages totalling £1152 11s were claimed in the Supreme Court today by William Viggars, motorcycle mechanic, from Messrs. Kellow and Sons, bakers, of Wellington, for injuries allegedly received in a collision on November 30 last year. The case was heard'by Mr. Justice Ostler and a jury of ten, this number, instead of the usual twelve, being accepted by counsel when it was announced that the jury panel waa exhausted. -'■■■•, t , Mr. 0. C. Mazengarb appeared for the plaintiff and Mr. G. G. Watson : for the defendants. ,■.■.-. On the day of the accident Viggarswae riding a motor-cycle up Mac Donald Crescent towards its intersection with Wellington Terrace, and a motor-van, owned by the defendants, was being driven in a southerly direction along Wellington Terrace. It-was'alleged by the plaintiff that, aa a result of negligence by^he^van driver, the motor-van collided with him. He said hk leg was broken in three places, and he had been advised he would be unable to work for come time. The plaintiff's1 allegations of negligence were denei'l in the statement ot defence. It was alleged by. the defence that, if it were proved a collision took place on November 30 at the intersection of Wellington Terrace with Mac Donald Crescent, it was due to the negligence of the plaintiff in (a) failing to o ive way to a vehicle approaching from his right; (b) failing to keep a proper look-put: (c) Aviving at an excessive epeeel; (d) failing to sound his horn; (c) failing, to atop, slow down, or eteer clear of the motor-van, or otherwise avoid the collision.' : The plaintiff was 'questioned by Mr. Watson as to his speed in Dixon Street. "You are used to high speeds, suggested Mr. Watson. "I don't think I am doing you an injustice when I say you are a 'dirt' track expert."—l don't say expert, I have done a littlo racing on the 'dirt' tvack. If a taxi-driver aays you roared past him at a great speed, he would not be correct?— Absolutely. ■ I take it you were not riding the machine with which you perform on the "dirt" track?—Oh, no. i ■ • Evidence and counsels' addresses were completed yesterday afternoon, and his Honour summed up this morning. After viewing the scene of the accident, the jury found for the defendants, and, on the motion of Mr. AVatson, his Honour entered judcrnent accordingly, with coats.