CYCLIST RUN DOWN.

New Zealand Herald, Volume LXVII, Issue 20537, 11 April 1930, Page 14

CYCLIST RUN DOWN.

NIGHT ACCIDENT SEQUEL.

CLAIM AGAINST MOTORIST.

COURT AWARDS DAMAGES. As a result of a collision between a motor-car and a bicycle on February 20 of last year a claim for £SOO was maclo by tho cyclist beforn Mr. Justice Ostler in tho Supreme Court yesterday. Tho cyclist was Eric Milno Burgess, of Pullerslie, cable joiner (Mr. Fleming), ami tlio defendant, who was driving tho car at tho time of tho accident, was John Charles Lean, of Avondale, hawker (Mr. Ziman). The plaintiff claimed that at tho time of tho accident ho was cycling along tho Great North Road from New Lynn to Foint Chevalier and was passing tho Waterviow Methodist Church at 10.30 p.m. when he was struck from bohind by defendant's motor-car, knocked down and dragged—under tho car. He oLainicil that defendant had failed to keep a proper look-out and to sound his horn. Plaintiff was an in-patient in hospital until July 20, 1929. One leg would bo permanently an inch shorter than tho other. Ho had lost wagos at the rate of £4 8s a week and claimed £229 loss of wages, £250 general damages, £4 10s for expenses, £ll for damage to cycle and £6 6s for damage to suit.

Evidence of Plaintiff. 'l'lie defence was that, tho accident was due to tho negligence of tho plaintiff. Plaintiff said tho defendant Lean gave no warning of the approach of his car from behind. Witness was underneath tho car on his back when it pulled up. lfo had a torch fastened on tho front of his bicycle and a red reflector on tho rear. Lean visited him twice in hospital, and on tho first occasion Lean said ho had not, seen him until ho felt tho bump. On tho second occasion Lean said ho had not seen him until ho was 6ft. away. Dr. Keith S. Macky, orthopaedic surgeon, who had had plaintiff under his care at tho hospital, said plaintiff had not been discharged finally until February of this year. Tho fracture of tho leg was unusual in that tho bono took an extraordinarily long time to consolidate. Ho believed there would be a slow, steady improvement for another year, but tho shortening of the leg would always remain.

Mr. Ziman said tho accident happened at a place where tho road was dark, and his submission was that it was a pure accident. Statement by Defendant. Defendant said he had been driving a motor-car' lor 20 years and had never had an accodent. His brakes and lights were in perfect order. Ho saw the tail lights of a stationary car about .120 yards away and slowed down from IB to 12 units an hour. Tho cylist was from 6ft. to 10ft. in front of witness, going very slowly, when witness first saw him. "Witness pulled sharply to tho right, and his loft mudguard struck tho cyclo and threw it ou the concrete. In cross-examination defendant denied tho evidence taken some days previously of a witness who said that defendant smelt strongly of liquor after tho accident. 110 could bring hundreds of people to prove that ho was not n man who took much liquor. Laura Lean, wifo of tho defendant, who was with him in the car at tho time of the accident, said sho saw nothing of tho bicycle beforehand. Sho denied that her husband had had any liquor on the night of the accident. Constable J. Horan, of Avondale, said ho lvid formed tho opinion that the occurrence was a puro accident, and ho and several other witnesses testified to defendant's sober chafactcr and careful driving.

In giving judgment for the plaintiff, His Honor said ho accepted the plaintiff's evidence as to the position in which ho was riding on the concrete at tho time ho was run down. It was common ground that ho was riding on his right side with a reflector on his bicycle and a perfectly good substitute for a, cycle lamp. His Honor concluded that the driver of tho car did not see him at all until the time of impact, and lie did not see him because he failed to keep ;i proper look-out. Ho Jell below the standard of care that a motorist ought to adopt, and in that he was negligent. His Honor considered the claim for general damages very moderate considering the injury suffered. Ho gave judgment for £489, with costs, witnesses' expenses and disbursements.