CLAIM FOR £1000

Manawatu Standard, Volume LIII, Issue 135, 8 May 1933, Page 7

CLAIM FOR £IOOO

iSUPREME COURT ACTION. [OTOR COLLISION SEQUEL.

ling £IOOO general and £Bl 19s cial damages ak the outcome of r collision, James Henry Mann , a plumber, of Palmerston took action against Mrs FlorJaxnes, of Palmerston North, Supreme Court to-day before honour Mr Justice Heed. Mr Cooper appeared for plaintiff r A. M. Ongley for defendant, jury were empanelled as folMessrs J. Marshall (foreman), e, F. J. Jessep, G. Schlierike, iest H. Mouldey, C. C. HastE. J. Tetzel, IV. J. Smith, B. chards, C. Hands and •A. T. stiff, in his statement of claim, it that on January 18 last a med and driven by defendant d with a motor-cycle and sideen being ridden by plaintiff at tersection of Albert Street and ,vay Avenue. Plaintiff alleged uch collision was entirely due to .ant’s negligence in the drivld management of her car; as s: —(a) That defendant failed p a .proper look-out; (b) that deit, "just prior to the collision, ravelling along Albert Street on rong side of the road; (c) that iant, with ample room to turn lanoeuvre her car, and having ast opportunity, negligently to avoid running down the iff’s motor-cycle, which was as is possible to the left-hand corPlaintiff alleged that, in conice of the collision, he suffered and painful injuries, including mplete loss of sight of his right ad that his wife, who was in the r, also received injuries requiredical attention and preventing om attending to her household Plaintiff therefore claimed indant, in her statement of dedenied all the allegations of . , ence aud said the collision was by the negligent, 'careless, and i manner in which plaintiff ’’! Jrode and managed his motor cycle at - ,and;.'approaching the intersection. The A -ii Hifxjlejgligence alleged against him was he failed to keep a proper for traffic approaching and enbe intersection; (b) when travBlong Broadway Avenue and I iing and entering the interim was riding his motor cycle ed which, having regard to all umstances, was excessive; (c) 1 to give proper and adequate of his approach to the inter(d) when approaching the inn he failed to slow down, stop, way to defendant’s car, which reaching the intersection from -hand side; (c) when approachintersection he failed to keep ir cycle as near as practicable eft-hand side of the road; (f) 1 to steer his motor cycle clear dant’s car. For a further deefendant said that if it was hat she was guilty of any negwhich she denied, there was tory negligence on the part of who could, by the exercise of ■ care and skill, have avoided the injury complained of. iff gave evidence xliarb lie liaci iing motor-cycles for 12 or 14 His machine had attached to c sidecar in which were his 1 two children, when he was ng along Broadway Avenue Terrace End at 5.25 p.m. on 18. He was travelling at 25 i hour on his correct side two n the grass plot. Immediately the car in Albert Street he the brakes. The car was g from the railway line torn Hospital. Plaintiff intended the right of road to the car, wed down, but the motorist to hesitate, and to turn toerraee End. Plaintiff then reiis brakes, but the car shot r straight across the road. swerved his machine to the t could not avoid a collision, -uld not turn too sharply withsizing the sidecar. The impact two feet to the left of the in the centre of the road, but dragged the machine another towards the other side. Plainpinioned by the machine, ■as moved to release him. He about the face and eyes. There marks made by his machine, id not skid. Plaintiff added e was in hospital for three md lost the sight of one eye. -nes gave no indication of in rection she was going. There tot have been an accident if gone up Broadway Avenue, kept to her left, as in the vent she would have passed lora'tive evidence was given by ton, who stated that she vas of plaintiff,.and was in the side her two children when the acciurred. She said that had her applied the brakes hard he ive capsized the side-car. The er appearing to be about to ime slightly diagonally across towards them. dings were then adjourned