CLAIM FOR DAMAGES

Evening Post, Volume CXXI, Issue 144, 19 June 1936, Page 11

CLAIM FOR DAMAGES

BUS AND CYCLE COLLIDE

CITY CORPORATION CASE

The Wellington Cuty Corporation figured as the defendant in a claim for damages totalling £631 ss, brought in the Supreme Court today by a man who was knocked off his bicycle by a Corporation bus at the intersection of Riddiford Street, John Street, and Adelaide Road on August 31, 1935. Lack of skill and negligence in handling the bus was alleged, and there was a counter-allegation of negligence. His Honour Mr. Justice Blair presided. Mr. R. Hardie Boys appeared for the plaintiff, George Ralph Carnley, a waterside worker, and Mr. W. E. Leicester for the Corporation.

The plaintiff, in his statement of claim, alleged that the driver of the bus failed to keep a proper look-out, failed to give sufficient warning of his approach, attempted to execute a dangerous manoeuvre before ascertaining that the intersection was clear, and obstructed Adelaide Road.

He suffered concussion, injuries to his teeth and back, and considerable bruises and pain, continued the plaintiff. He was in hospital from August 31 until September 10, his health was seriously impaired, and he was not fit for manual work. He claimed £500 general damages, and £131 5s special damages (loss of wages £120, hospital expenses £6 ss, and loss of bicycle £5).

The defence was a denial of the plaintiff's allegations, and counter-alle-gations that the plaintiff failed to keep an adequate look-out, rode his cycle at a speed that was excessive in the circumstances, and failed to exercise reasonable care for his own safety.

It was further alleged that if the defendant had been negligent in any degree, the plaintiff was guilty of contributory negligence. It was also contended that no proceedings were started within six months after the accident, as was required by section 361 of the Municipal Corporations Act, 1933. (■Proceeding.)