A MOTORIST'S CASE

Evening Post, Volume CXIX, Issue 35, 11 February 1935, Page 16

A MOTORIST'S CASE

DAMAGES FROM POLICEMAN ; ' A motorist was recently awarded £75 damages and costs against a police' constable who, as a signal to him to stop, flung a lamp through his windscreen. The case was before, York County Court. James Southerton, manufacturers' agent, of Walthamstow, was the plaintiff, and Constable Pickup, of the York police, .the defendant, says the "Daily Telegraph." j The action was a sequel to an incident on the night of October 30. Two cars had been reported stolen, and P.-C. Pickup was on duty to intercept I traffic. ' He placed two red storm-lamps on the road. Mr. Southerton thought the i lamps were a warning of road repairs, and swerved to pass them. The constable then picked up one of the lamps.and flung it through the windscreen of the car." Mr. Southerton's face was cut by glass, and it was stated that he was permanently disfigured. Mr. Southerton, giving evidence, said he had been driving since 1916, and had only one conviction, for failing to stop to obey a traffic signal. On this night he saw two red lamps/ The one nearest to him was lifted by a shadowy figure, and he took it to be merely a warning. Mr. R. C. Davis (for plaintiff): It is suggested that the lamp was lifted and swung to and fro?— That is quite untrue. The Judge!said the police had an onerous duty to perform, and on the whole they performed it well. In this j case a young officer got inflamed, and his action; would require a good deal I of justification.