PEDESTRIAN AT FAULT
KNOC KED DOWN BY C AR CLAIM FOR DAMAGES FAILS COMMENT BY MR JUSTICE BLAIR I United Pm* Association! NAPIER. This Day. "Pedestrians must realise that they also must take precautions ir. the streets,” commented Mr Justice Blair in the Supreme Court, when non-suit-ing a claim by Arthur Wildermoth against Alick Edward McKenzie for, £256 damages. The evidence showed that plaintiff was knocked down by defendant's car while crossing a street. His Honour said that he had no wish to jeopardise the lives of pedestrians, but must also be fair to the motorist. "This man was crossing the streeet, metaphorically speaking, with his eyes shut, and at an angle at that. On the ' evidence of his own witnesses he j could have seen the car in time to avoid i it”. His Honour added that it was high i lime that pedestrians were trained to ' make proper use of the roads. It was a mistaken idea, held by a number of people, that the motorist was neccs- j sarily liable in the case of an injured i pedestrian, and this must be emphasised. The case did not go to the jury.
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Nelson Evening Mail, Volume LXXII, 24 November 1938, Page 9
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194PEDESTRIAN AT FAULT Nelson Evening Mail, Volume LXXII, 24 November 1938, Page 9
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