MOTOR-CYCLIST INJURED

New Zealand Herald, Volume LXVI, Issue 20199, 8 March 1929, Page 14

MOTOR-CYCLIST INJURED

COLLISION WITH CAR, DAMAGES CLAIM FOLLOWS. ALLEGATION OF NEGLIGENCE. [CY TELEGRAPH. —OWN CORRESPONDENT.] HAMILTON, Thursday. A claim for £343 Is 3d damages for injuries arising from a motor collision was brought before Mr. Justice Blair in the Supreme Court at Hamilton today. Plaintiff was Albert Hargreaves, carpenter, of Paeroa (Mr. J. F. Strang), and the defendants named were Percy Henry Saxton, farmer, of Tatuanui, and his daughter, Eva Grace Saxton. Since (lift institution of proceedings Miss Saxton had married Robert Clvdp Bell, farmer, of Orini. It was claimed by plaintiff that on the evening of June 11, 1927, he was riding his motor-cycle along tho Paeroa main highway from Tatuanui to Waihou when a motor-car driven in the opposite direction by Miss Eva Saxton collided with him, fracturing his leg and damaging the cycle. As a consequence he was confined to tho Waikato Hospital for nearly six months. Plaintiff alleged that Miss Saxton was driving at an excessive speed on the wrong side of the road and that only one headlight of her car was burning.

" Thought Car Was a Motor-Cycle." Evidence was given by the plaintiff that at the time of the collision rain, was falling and it was dark. He saw defendants' car approaching when it was about half a mile away, but until he was close he thought it was a motor-cycle. It was then too late to avoid a collision. Had the motor-car been a molor-cvcle as he thought there would have been sufficient room for him to pass. Questioned by Mr. C. 0. Mahonev, who appeared for defendants, plaintiff said that when he left Morrinsville his lights were burning. He was accompanied by William Albert Rowe, on another motorcycle. William Albert Rowe, carpenter, said he was travelling behind Hargreaves. Both motor-cycles were properly lighted. After ihe accident he switched off the lights on Hargreaves* machine. Two witnesses who brought plaintiff's cycle back to Morrinsville declared that its lights were in working order. Application For Non-Suit. Mr. Mahoney applied for a non-suit, as there had been no evidence to connect either Mr. Saxton or his daughter with the accident. His Honor, who decided to reserve the question, said that in opposing a certain clause in the statement of claim for damages, the male defendant had admitted his connection with the accident. Percy Henry Saxton stated in evidence that it was customary for his daughter to drive his car. When he tested the lights the next morning he found them both working. He had been told that one of the motor-cyclists had stated within hearing of the occupants of the car that only one headlight was burning-

The co-defendant, Eva Grace Bell, stated that oil Juno 11, 1927, she went with Some friends to To Aroha. On the return journey the occupants of the car included a neighbour, Mrs. Cooper, her fiance, Mr. K. C. Bell, her two sisters and a friend, Mr. Harold Newbegip. While approaching Tatuanui she saw a light coming round a corner. When the light was about three chains away, she saw a dark object cross in front of it from the centre of the road. At the time there was only one light in front of her. She felt a slight impact on the right side of the car, but did not) think anything serious had happened until someone sitting in the back said, "He's off." Cross-examined by Mr. Strang, witness said although the mechanism of the automatic screen-wiper had failed. Mr. Itcll continually kept it in motion with his left hand. The case was adjourned until tomorrow.