Wide Discrepancy In Court Evidence

Manawatu Times, Volume 61, Issue 288, 5 December 1936, Page 13

Wide Discrepancy In Court Evidence

CYCLIST AWARDED DAMAGES AGAINST CITY AUCTIONEER

“I suggest thoro is nothing in this al all. You thought you saw a chance of working up a case, and I suggest you are at tho bottom of tho wholo business,” declared defending counsel in the Magistrate's Court yesterday to witness for plaintiff in a civil claim which followed an alleged street collision.

The witness, John Taylor, a labourer, strenuously denied the suggestion mado to him by Mr H. R. Cooper..

The case was one in which Mrs Jane Ann Robson claimed from Clarence Noble Rabone, well-known auctioneer, £49 7s 4d, alleging that, when emerging from an alleyway by tho Grand Hotel on June 12, aer cycle had been struck by Rabone’s car which, she alleged, was negligently driven. Mr T. P. Rolling appeared for plain tiff and Mr Cooper for defendant.

Mrs Robson told tho Court she had just loft, her fish shop in tho Square, and was knocked over as she left the alleyway in Church street by a car whose speed she estimated at between 25 and 30 miles an hour. Witness detailed her injuries. To Mr Cooper, she denied crying out after the smash, ‘‘l’m quite all right.” It was incorrect that legal action was first suggested when she and her husband went to the show and met a man Taylor who had seen tho accident. Medical evidence was given. John Taylor, who was standing outside the Council Chambers talking to a friend on the morning of Juno 12, estimated Rabone’s speed at 20 to 25 miles an hour. Witness thought the motorist cut the corner as he turned into the alleyway. Mrs Robson was struck by the car and fell on tho culvert. Witness picked up her cycle, and at her request went into tho railway yard to tell tho driver ho had knocked over a woman. He spoke to Rabone but tho latter denied that his car had struck anyone. Mr Cooper asked witness if it were a fact that he first suggested legal action when ho saw the Robsons at the show. Taylor denied this.

“I do not cornu to the Police Court unless you bring me,” said Taylor.

‘‘l know you havo been in this Court a number of times before,” rejoined Mr Cooper, who declared that the car never struck the cyclist, whoso Tall was caused by r her riding, over the kerb beyond the edge of tho culvert. The width of the alleyway' exceeded that of the culvert by about six feet, and it was therefore possible for Mrs Robson to have fallen from her cycle by crossing tho unbridged kerbing. It was claimed that this was what actually happened.

Defendant declared ho was still in tho middle of Church street as ho sighted the cyclist. She was some distance down the alleyway, holding tho cycle with oue hand and grasping a parcel with the other. The cycle wobbled greatly, and as the car crossed the culvert, the cyclist rode away from the car and headed for the water-table. This was a peculiar thing to do, and witness stojipcd his car. He next saw Mrs Robson sitting in the middle of the road, with one leg under the cycle and one over it. She waved and said: ‘‘l am quite ail right.” During the next 20 minutes, said witness, he was occupied in tho railway yards, inspecting two trucks of potatoes. It was after this that one Tayior came and accosted him, aggressively, witness taking little notice. ‘ ‘She was never within eight feet of the car,” declared Rabone. ‘‘Her fall was caused by going over the kerb, a drop of about eight inches.” The friend to whom Taylor was speaking, William Maurice Olirystaij, said they met opposite the lane leading to the Gity Council Chambers. Witness considered Rabone turned into the alleyway us the cyclist came out. He could not say if the vehicles touched, but the cyclist, emerging into Church street, wobbled, and fell lightly. She picked herself up uud nor parcels as Taylor and witness continued talking. She then began to walk away. Taylor, who had come up Church street, was facing towards the Square throughout this time, said witness. Defendant’s story was corroborated by Charles Harold Wootton, a passengor in the car. Ho first sighted tne cycust when she was sixty feet away. When witness got out of tho car, Mrs Robson, still on the ground, declared she was all right. Then she got up, beginning to walk away. Holding that Rabone had driven negligently in that he failed to stop while the cyclist came out of the alleyway, and that he was responsible for tho accident whether or not the car struck tho cy'cle, the Magistrate, Mr J. L. Stout, awarded damages of £29 7s 4d to plaintiff. Court costs wore £2, solicitors’ fee £4 3s, witnesses’ expenses £1 11s.