LARGE SUM CLAIMED

Manawatu Standard, Volume LIV, Issue 284, 29 October 1934, Page 4

LARGE SUM CLAIMED

SUPREME COURT ACTION.

INJURIES TO CYCLIST

Seeking damages amounting to £‘lsll 18s, Henry Morris, a labourer, of Newman, near Eketahuna, brought a civil action, as the result of a motor accident, aga.inst Mrs Katherine Annie Johnston, of Eketahuna, in the Supreme Court before His Honour Mr Justice Blair and a jury of twelve at Palmerston North to-day. Mr H. R. Cooper appeared for plaintiff and Mr Lawson, of Featherston, for defendant.

Plaintiff, in his statement of claim, said that at about 4.30 p.m. on June 4, 1934, he was cycling in a southerly direction towards Eketahuna, on the Wellington-Napier main highway, near Newman, when defendant was driving a motor car in the same direction- He alleged that he was knocked down by this car and seriously and permanently injured, having been confined to his bed until July 6 and been in hospital for special treatment from July 25 to August 23 last. He stated that as a result of the injuries suffered lie bad permanently lost the use of his left hand, wrist and arm, and liad been permanently injured in his back Plaintiff further alleged that defendant caused these injuries to him through her negligent and unskilful driving and control of her car in that she (a) failed to stop before running down plaintiff; (b) failed to give warning of her approach; (c) was driving at an ex-

cessive speed; (d) failed to'pass plaintiff on a road where there was ample room so to do. Plaintiff therefore claimed £ISOO general and £4l 18s special damages, with costs. The statement of defence was a denial of the allegations made. _For a further defence it was stated that if any negligence was shown the accident was due to the negligence of plaintiff. The jurv were empanelled ns fol-low-.—Messrs F. C. Bryant (foreman), man), E. D. Tucker, G. Gill, ML Little, J. R. Watson, N. E. Liffiton, S. Fuller, D. Buick, J. R. Evans, N. G. Howes, G. James and J. Willson. _ EVIDENCE HEARD. Plaintiff gave evidence that he lived about two and a half miles from Eketahuna. He was cycling along the road between Pahiatua and Eketahuna, near his own home at about 4.30 p.m. on June 4 last, when another cyclist passed him on a slight bend just before reaching a level stretch. Plaintiff was then travelling well on liis correct side, and did not alter liis position. When close to Mr Edge’s house, lie-heard a car coming behind him, but heard no horn sounded. He

looked over his shoulder and saw the vehicle four or five chains behind him. He pedalled on, but did not recollect till the next day that he had been struck by a car. He was injured in the back, one band, shoulder and head, while four of his front top teeth were knocked out. He could not raise his left arm beyond a position horizontal with his shoulder. He liad to maintain at home his wife and youngest son, and liad been on •relief work for about two years. Prior to that he always had plenty of general farm work, stumping, fencing and draining. He could always earn about £3 a week. He had been receiving 37s 6d a week from tlie Unemployment Board. He still suffered from the injury to his back. He bad suffered a lot of pain after the accident and his shoulder and hand still often hurt.

Cross-examined, plaintiff said lie

was 57 years of age. lie was hard of hearing before the accident, but was much worse now. He did not remember seeing the car which struck him, hut he saw a dark-coloured car when he had previously glanced back. There was a fair amount of metal on the road, in which the traffic had worn three distinct tracks. The vehicle had not been on the track immediately behind him. Plaintiff denied that lie had started to cross the road to his bouse, a short distance ahead. He had been cycling in the left-hand wheel track of the load. His youngest son aged 18, had been unemployed lately. Dr H Paterson, of Pahiatua, testified that in his opinion, judging from the injuries to his back, plaintiff had been struck straight on from behind. Describing the effects on plaintiff of tbe accident, witness stated that bis left hand was totally and permanently disabled, he could not raise the arm above the horizontal, while liis back was weak. The arm might, however, improve with treatment at, an institution specialising in such injuries. Wit-

ness was quite prepared to believe that plaintiff suffered pain when at his work. It was problematical whether plaintiff would ever obtain the full use of his arm, but six weeks or two month’s treatment would disclose whether it was worth while going on with the course of treatment. The back, however, might improve, although in a man of his age he would be subject to trouble in cold and wet weather. Cross-examined, witness stated that, provided plaintiff liad the use of his hand, the inability to lift his . arm above the shoulder would not inconvenience him to any material extent in his occupation as a gardener. Plaintiff was slightly deaf. While witness

had treated plaintiff some years previously, he had not remembered his disability at the time of the accident. Edward Dermer Toohill, builder, of Eketahuna, gave evidence that on the day of the accident he was cycling home and had passed plaintiff a quarter of mile from the scene of the accident. Plaintiff was riding on a track close to the left hand side of tbe road. A noise had later attracted witness’s attention and he had gone back to the scene of the accident, which had occurred some 50 yards from him. Plaintiff was lying on the left-hand side of the road, on tlie last row of metal and a little more towards the wheel track. There were three distinct wheel tracks and plaintiff was lying partly on the left-hand track towards the grass. The cycle was then lying more towards tlie centre of the road. Witness had removed it and placed it on the righthand side of the road. The day had been good and the visibility good also. Cross-examined, witness stated that when he passed plaintiff the latter was riding outside the third wheel track. Mr Monaghan and he had carried Morris to his homo. Plaintiff had .been

bleeding from the nose, but witness had not observed a pool of blood on the road, nor had he noticed any brake marks. James Edward John Monaghan, farmer, of Eketahuna, stated that he lived almost opposite Morris’s. His attention had been directed to a noise and lie had gone out to the front gate. Mrs Johnston bad come from her car. He bad gone to Morris’s assistance. To Mr Cooper, witness stated that there was one blood mark where Morris was lying and another mark of blood or jam some 10ft behind Morris and to the right of the wheel track. The luncheon adjournment was taken at this stage.