PEDESTRIAN INJURED

Evening Post, Issue 99, 24 October 1934, Page 11

PEDESTRIAN INJURED

MOTOR-CYCLIST SUED

CLAIM FOR £750 DAMAGES

A claim, for £750 general and £36 i 7s 3d special damages by Mary Baird i Goodman, of Wellington, widow, against 1 Godfrey Daniel Inns, of Wellington, 1 clerk, commenced in the Supremo Court today before his Honour the Chief Justice (Sir Michael Myers) and a jury. ; Mr. J. A. Scott is appearing for the plaintiff and the Hon. W. Perry, M.L.C., for tho defendant. The plaintiff was injured by a motorcycle ridden by the defendant and a pillion rider when she was in the act of crossing Moxham Avenue near Goa Street at about 9.20 p.m. on March 25 last. ' She alleged that the plaintiff (a) failed properly to control his machine; (b) drove -negligently and dangerously; (c) failed to keep a proper look-out; "(d) failed to take such a course as would obviate a collision; (c) failed to use his brakes; (f) drove at a clangorous speed; and (g) had insufficient lighting to enable him _ to avoid pedestrians or end-ble pedestrians to avoid danger. The defendant alleges, that the plaintiff contributed to tho accident by her negligence, in that - she (a) suddenly and without warning and in reckless disregard of her own safety, came from behind a tramcar across the street so that it was impossible for the defendant to avoid her; (b) that she failed to keep a proper look-out for traffic; and (c) after seeing the motorcycle, she failed to avoid it, and could have avoided it by tho uso of reasonable care. THE PLAINTIFF'S EVIDENCE. Describing her experience, the plaintiff said that she alighted at the motorman's end from a tramcar proceeding to the city and walked to the rear of the car, whero she looked up and down to see whether the road was clear. She saw ono dim light in the distance and, judging that she had ample time to cross without any danger, walked quickly towards tho other side. She had no warning, and the first she heard was "a terrific shout, a man's voice— a very big shout—and it was right into me —the shout and the collision came together." She said the motorcycle, was heeled towards . tho gutter between her and tho pavement. It struck her on the left side and sho received injuries to her hip, her elbow, and her head. The cycle fell on her, she was burned by tho engine, and a holo was made in her head. -She was ' timid about going out. now and had been out only a few times since March. She had not been timid at all before the accident. j (Proceeding.)