DUTIES OF PEDESTRIANS

Hawera Star, Volume L, 19 December 1930, Page 9

DUTIES OF PEDESTRIANS

MAGISTRATE GIVES WARNING OBLIGATIONS ON HIGHWAY COMMENT IN ACCIDENT CASE, (By Telegraph—Press Association.) WELLINGTON, Dec. 19. A warning to pedestrians that they must observe their obligations on the highway was administered by Mr. E. Page, S.M., today in a case in which George Albert Hansard, of Wellington, sued 1 William Duncan, of Wellington, for £167 damages for injuries received from an accident on April 9. It was alleged that defendant failed to keep a proper look-out, and defendant alleged contributory negligence, reiving on the fact that Hansard 1 walked' in front of parked cars and proceeded to cross the road without keeping a proper look-out. Mr. Page said the evidence was that the car could be seen plainly some distance off as the road was well lit. If a pedestrian got into a. dark spot it was almost impossible to see' him unI der conflicting lights and on wet bituj men until the ear had reached him. i The magistrate was not satisfied that negligence had been proved against defendant and that was fatal to plaintiff’s claim. On another ground , however lie thought that- plaintiff could' not succeed. A .pedestrian ill the circumstances detailed was in a better position to .see an approaching car than a motorist to see him. Plaintiff was guilty of contributory negligence and that- barred him from recovery. Judgment was entered for defendant with costs. j