TRAFFIC INSPECTOR INJURED

Evening Star, Issue 21785, 30 July 1934, Page 11

TRAFFIC INSPECTOR INJURED

CLAIM FOR DAMAGES SUCCEEDS AFTERMATH OF CAVERSHAM COLLISION A, motor accident case of more than usual in that traffic inspector appeared as‘the plaintiff; was heard before Mr J. R. Bartholomew, S.M., in the Magistrate’s Court this morning. David Mann, traffic inspector in the Kilda Borough, proceeded against Arthur Quinn, a clothing manufacturer; claiming the sum of £ll2 7s 8d damages as the result of a collision between a motor cycle ridden by the plaintiff and a motor car driven by the defendant.! Mr E. J. Anderson appeared for the plaintiff and the defendant was represented by Mr J. P; Ward. The statement of claiih set out that on Thursday, November 23, 1933, life plaintiff was riding his motor cycle in a southerly direction along Playfair street, Caversham, on his correct side of the street, and that the defendant so negligently and unskilfully drove his motor car when turning' from M’Betli street into Playfair street, and immediately thereafter in Playfair street itself, that he caused it to collide with the plaintiff’s motor cycle, thereby causing injury to the plaintiff and damage to his motor cycle. It was also claimed that the defendant was guilty of negligence, ih that he drove at an excessive or improper speed: failed to drive on his left side of the street: failed to keep a proper look-out; failed to apply the brakes of the car, or to stop in time to avoid the collision; and failed in view of all the circumstances to exefeise reasonable and' proper care and control of the car. The sum of £6O by way, of general damages was claimed, in addition to £62 7s 'Bd for Special damages. In outlining the case, Mr Anderson said that the plaintiff was employed as a traffic inspector by the St. Kilda Borough Council. On the day of the accident he was riding bis cycle home. He had his uniform on, and On noticing the defendant’s car being driven out of M’Beth street in a reckless manner he decreased his speed, and held lip his hand tostop the car. However, the car continued, and he was struck by the radiator. The car then swerved and crashed into a feiice. It was contended that thfe swerving would have been unnecessary had the defendant not driven at an excessive speed, and that he failed to drive on his right side of the street. The plaintiff fractured his thumb, which would probably be a permanent disability. Djivid Mann gave evidence, explaining how the accident occurred, and also detailed personal injuries. In reply to a question by Mr Ward, witness said that, although he was going home, he was on duty as soon as he hold up his hand to stop the car, and.. also that even though he was not in the St. Kilda Borough ho had the power to act officially in the particular district in which he was travelling. Evidence was also given by Frederick Henry Willifitps and Constable A. Hamilton, of tbe Caversham Police Station.

Mr Ward said that he would not call any witnesses, but in view of all the circumstances the defendant wished the court to fix the amount of damage, as the parties concerned were finable to agree. The Magistrate said that he could not imagine the St. ' Kilda Borough Council paying away £IS 10s 2d or the ratepayers’ money, tho amount claimed by the plaintiff as loss of wages, especially as he might be able to recover that sum from someone else. There must have been a good deal of pain and suffering caused by the fractured thumb, and he did not think £SO was too much to claim. Judgment was given for plaintiff’ for the full amount, together with costs and witnesses’ expenses (£6 6si, and solicitor’s fee (£0 12s). less £Ol 2s (id already paid into court.