DAMAGES FOR INJURY.

New Zealand Herald, Volume LXVI, Issue 20422, 26 November 1929, Page 9

DAMAGES FOR INJURY.

CYCLIST AWARDED £4OO.

COLLISION WITH MOTORIST.

ALLEGATION OF NEGLIGENCE.

[BV telegrapu.—own correspondent. ]

HAMILTON, Monday

A claim for £722 as compensation for injuries suffered in an accident between a motor-car and a motor-cycle on the main road between To Aroha and Waitoa, on June 18, was heard in the Hamilton Supremo Court to-day beforo Mr. Justice Herdman. Tho plaintiff, John Ernest Hanson (Mr. W. J. King), dairy factory employee, was the rider of the motor-cycle. The motor-car was driven by Nathaniel Stafford (Mr. J. F. Strang), farmer, of Manawaru.

It was claimed for plaintiff that ho was driving a motor-cycle from To Aroha to Waitoa on the correct side of tho road. A collision had occurred betwepn the cycle and a car driven by defendant, in tho direction of Te Aroha, in an allegedly unskilful and negligent manner. It was alleged that Stafford had failed to keep a proper and vigilant look-out, had failed to keep to his proper side of tho road and had failed to give plaintiff the right of way,, A sum of £6OO was claimed as general damages and £122 as special damages. As a result of the collision plaintiff was injured 'about the face and body, lost a number of teeth and sustained a fracture of the shoulder-blade. Injuries to his right arm and mouth were permanent.

Effort to Pass Cyclist,

In his opening remarks to the jury Mr. King said the road on which the accident occurred was wide and straight. The collision took place at night, defendant having crossed to the wrong side of the road to pass a bicycle proceeding in the same direction.

Dr. R. S. A. Graham, surgeon superintendent at the Waikalo Hospital, said that considering the extent of his injuries plaintiff had recovered very quickly. He had suffered a 10 per cent, disability of tho right, arm and his bite was altered. If this was not adjusted it was likely to givo rise to further disabilities. Owing to the weakened state of his shoulder he would find difficulty in performing heavy work.

George Percival Lindsay, assistant engineer to the Thames Valley Power Board, said he. was driving a motor-car . about seven chains behind defendant's car when the accident occurred. Ho had seen the glare of the light of tho motor-cycle just before the collision. He noticed that Stafford's car made a distinot swerve to the right. Immediately after the accident lie heard Hansen accuse Stafford of driving on the wrong side of the road. The track of Stafford's car was several feet over the centre of the road and on tho wrong side.

Tho rider of the bicycle mentioned, Henry Young, millhand. said he was riding without a light, but there was a reflector at the rear of his machine. He had seen the light of plaintiff's motorcycle from a considerable distance away.

Collision Not Anticipated.

Defendant said he had sounded horn before passing the bicycle. If he had crossed the crown of the rood in passing it was only to a slight degree. He had not anticipated the collision and had not applied the brakes until the impact took place. A passenger in the car, John Ward, farmer, 'of Manawaru, said the motorcycle was being driven at a reasonable speed on the correct side of the road. His Honor asked the jury to consider in what degreo negligence had been a cause of the accident. It was necessai-y for the plaintiff to prove satisfactorily that thero had been negligence before a verdict could be given in his favour. Witnesses for the defence had stated that prior to the accident they w r ere aware of tho approaching motor-cycle. After retiring for half-an-hour the jury found that defendant hud been negligent, and awarded plaintiff special damages for the amount claimed and £275 as general damages.