Successful Claim for Damages

Manawatu Times, Volume 61, Issue 34, 11 February 1936, Page 2

Successful Claim for Damages

CYCLIST AND DELIVERY VAN Arising out of’a collision between a motor-van and a bicycle on Foxton line on April 14, 1935, Hans Gleerup Peter Mortensen, of Palmerston North, a jeweller, proceeded against Joe Kwong Lee and Company, of Palmerston North, fruiterers, in the Supremo Court at Palmerston North yesterday, before Hon. Mr Justico Blair, claiming £2OO general and £55 7s special damages. Mr J. P. Innes appeared for plnaintiff and Mr 11. R. Cooper for defendant. According to the statement of claim, plaintiff was riding his bicycle along Foxton line in the direction of the city. Overtaking him was defendant’s delivery van, driven by Willie Wong, an employee of defendant. It was alleged that Wong drove the vehicle so negligently that it collided'with the bicycle, plaintiff being thrown to the ground and sustaining a fracture of the left wrist. He suffered from shock and became unable to carry on his occupation for Jive months. Particulars of tho negligenco alleged were that Wong failed to keep a proper look-out and was travelling on the wrong side. Tho statement of defence denied negligence by Wong and alleged that the collision had been entirely duo to the negligence of plaintiff in that lie had failed, allegedly, to keep as near to tho left side of tho road as possible and had failed to keep a proper lookout and was aware that another vehicle was approaching with brilliant lights sufficient to • impede tho clear view of the driver of the motor vehicle overtaking him, and failed to take reasonable precautions to avoid being struck by tho vehicle behind him. For a further defence, defendant said that, if it were proved that Wong was negligent, plaintiff was guilty of contributory negligenco and had the last opportunity of avoiding the collision. After hearing evidence his Honour gavo judgment for £IOO general and £27 10s special damages.