MOTOR CYCLIST HURT

Hawke's Bay Tribune, Volume XXII, Issue 221, 1 September 1932, Page 4

MOTOR CYCLIST HURT

CLAIM FOR £2646 DAMAGES FROM WOMAN MOTORIST. Christchurch. Aug, 30. A motor accident that occurred at Kaicpoi nearly two years ago, led to a compensation case heard before the Chief Justice (the Rt. Hon. Sir Michael Myers) and a jury in the Supreme Court, when Harold James Welsh, a plumber, of Christchurch, claimed £2646 damages from Janice Overton, spinster, of Christchurch. Plaintiff, riding a motor-cycle along Ohoka road, had come into collision with a motor-car driven by defendant where this road intersects with the main north road and recently, as a result of the accident, one of his legs was amputated. Counsel for plaintiff said the accident took place on October 18, 1930, and the delay in the making of the claim was due to the fact that Welsh had lost his leg only lately. Plaintiff would say that ne was travelling at 10 to 15 miles an hour when he approached the intersection of Ohoka road and the main road. He looked to right and left and saw nothing, but when he proceeded to cross a car came upon him . It would be alleged that the motorist was driving at a great speed. The motor-car ended up some 80ft. down the road from the point of impact, and the motor-cycle about 60ft. It was alleged that defendant was guilty of negligence in travelling at an excessive speed in approaching the intersection, and that she had failed to give warning of her approach, to keep a proper look-out, to apply the brakes, or to keep the car under proper control.

Defendant, on the other hand, would allege that plaintiff had failed to give way to traffic on his right, that he had failed to give way to traffic on a main road when entering from a side road, .'and that he had also been negligent in failing to keep a proper look-out, in not giving warning, and in travelling at an excessive speed. The damages claimed comprised £2OOO general damages and £646 special damages to cover expenses and loss of wages. Plaintiff, giving evidence, said he was 27 years qf age. Describing the accident, he said that something had come upon him so suddenly that he had no time (o see what it was before everything went blank. Counsel for the defence suggested that the cause of the whole trouble was that plaintiff Was occupied with ■his carburettor, which had become flooded, when he approached the intersection.

Witness maintained that he had been keeping a good look-out. Ernest Bristow, a butcher, of Kaiapoi, said he estimated that the motorcar was travelling about 40 miles an hour. He watched it go over the intersection at that speed. Cross-examined, he admitted that he was but a slight judge of speed. The evidence of other witnesses completed the case for plaintiff.