CAR AND MOTOR CYCLE

Manawatu Times, Volume XLIX, Issue 3495, 3 November 1926, Page 14

CAR AND MOTOR CYCLE

PLAI N TTITS AWARDED DAMAGES. The sequel to a road accident on Rangitikei line on July 13 of this year was Hie appearance in Court yesterday of three people. They were Joseph Robert Russell, machinist, oi Palmerston North, and John M. C. Smith, yardman, of Palmerston North, who sued Robert Henry Hodge, farmer, of Palmerston North, because, the plaintiffs alleged, defendant so negligently carelessly and unskilfully drove a motor-car on a public highway. Rangitikei street, that the car collided with plaintiff's motor-cycle, whereby the plaintiffs were injured and the motor-cycle damaged. Russell claimed £lO3 5s 9(1, including general damages £SO, and Smith, for £7? 11s 9d, including general damages of the same amo/nt. Plaintiffs were both represented by Mr. Onglcy and defendant by Mr Cooper. Mr. J. H. Salmon, S.M., was on the Bench. Plaintiffs, in evidence, stated that while they were investigating a fault in their motor-cycle and side car, and while one of them was showing a torch behind the cycle, defendant came upon them unexpectedly, ana without warning, causing damage to the machine and injuries that necessitated the treatment of both plaintiffs in hospital. They said further that defendant had declared on more than one occasion that he would have the matter fixed up without further trouble. Subsequently, however, ho told Russell that as the police wore finished with the case, plaintiffs “could do as they liked.” .Other witnesses wore also called.

Defendant’s case was a denial that he was driving at excessive speed, or responsibility for the collision with plaintiff.

Judgment was given for each of the plaintiffs, for Russell for £73 5s and £S Us Sd costs and for Smith for £55 7s 9 cl, with £7 19s Gd costs.